Show tiie injunction modified in the case of fillmore city vs gabriel huntsman judge judd read the following brief opinion in the territorial supreme court last against the defendant in regard to the construction and maintain ance of his water ditch and dams the findings of fact in this case by the trial court are well sustained by the proof the decree is in accordance with tle law with the following modifications the defendant will be allowed to construct and maintain bis dam and ditch when he shall by the construction of wall props and supports keep and hold the town wall of the milleville millville Mill ville chiy ditch in as tood and safe condition BO aa to avoid its damage by reason of the existence of his ditch below it this condition of things he must continue to maintain as well as construct to this extent the injunction is modified the injunction as to the streets of the town ia so modified as to allow the defendant to flow his water in his ditch provided he do no damage to said streets by the water the case ia remanded to the court below where a decree will be entered in conformity to this opinion |