| Show WATER SUIT DECIDED a Supreme Passes P s es Y t Point Fo Case I INJUNCTION IS DENIED I JUDGE JOHNSONS DECISION IS AFFIRMED 4 I Appellants Charged and arni arnit Ht lit t Pleasant Ditch Company and Others Directed Dir ted Waters to Their Detriment Others Should save Rave Be Been B n Included In the Suit SuitAn SuitAn SuitAn i t rendered yesterday was An opinion P court in the case of ofte supreme h b bV the thC Point Irrigation company ap HP West te Mt Pleasant llant VS nt th the thi Moroni Ditch company and other de deJ J holding that the Judgment of off th f lower er Judge Johnson was th in refusing to grant an in ln error in f against to comPany diverting the flow of water ff If tS the river during the dry of the year X The rel record rd d Towed showed that plaintiffs complaint alleged that the defendants river liver of the large IT above the rock tarn and pre d the water from flowing to plain and dams t ti I de dc der s claimed ownership allegation r ol the f o f water and pleaded plea ed the statute nf of limitations d other things the trial court oUlA that neither of the defendant cor had diverted any of the theaterS later water aterS of or the river to which plaintiff a n 4 entitled or to its damage and that stockholders had lost no crops r i I of mr nor r suffered any flY injury by reason u of the water by defendant cor t tIn pr t ions In adjudging that plaintiff was not no 1 t tt the relief by an injunction i m A for the supreme court opinIon Ir Ion n olds holds that much of the water was il during flood time and later in inti th ti f MOn found lound its way through seep ba ack k into the river above defend defendants opts ants point of If diversion In affirming the decision of the lower lowerr r the appellate court r so found trim from rum the record that parties other than df diverted wate from th i stream to such an extent that it could bp b sufficiently shown that Jut but ut for the thead g ad ts of the p not sued Hued no injury u uld have resulted to the plaintiff and therefore an injunction could not notI I 1 rightfully rj granted While one or 11 who ho take water nater might be sued the Parties who are sued should not be en enjoined enjoined joined until it appears that their acts the injury complained of ot lh Th affirmation permits appellant to and prosecute another ac as action action tion I |
