Wallis v. Luman

In June, 1976, the appellee-plaintiff initiated an action in the district court to preliminarily and perpetually enjoin the appellants-defendants (mother and son) from: 1. interfering with the flow of water in the Lord Ditch used by appellee for irrigation purposes; 2. interfering with appellees turning on and off the headgate of the Lord Ditch; 3. interfering with appellees - Page 761 maintenance of the ditch; and, 4. for damages of various kinds. A preliminary injunction was issued after a lengthy hearing on July 6, 1976. Appellants answer took issue with appellees claims and counterclaimed for damages arising out of past allegedly negligent and improper maintenance and use of the Lord Ditch which traverses appellants land. After all issues were drawn, a trial was had, in June, 1980, to the court sitting without a jury on the issue of a permanent injunction and damages. The trial judge, in specific terms, perpetually enjoined the appellants from any interference with the appellees reasonable access to and use of the Lord Ditch and awarded damages to appellee of $6,484.00 including $3,000.00 punitive damages, all without prejudgment interest and costs in the sum of $187.20. Appellants counterclaim was denied.