Higgins v. Barker

By the Court, Crockett, J.:

The plaintiff alleges that in 1867 he constructed a ditch, whereby he appropriated, and thenceforth continued to use, for milling and other useful purposes, the waters of a certain creek flowing along the margin of his land; that afterwards, and whilst he was so using the water, the defendants, with force and violence, tore down his dam, so as to prevent the flow of water in the ditch, and refuse to permit him to maintain the dam, threatening again to destroy it if he should rebuild it; that the defendants are unable to respond in damages, and that the injury which…