The San Saba news. [volume] (San Saba, Tex.) 1873-1966, 1889-03-01
The WaterwOrk's case.

AoAAAOooOu ny OuI p6OpIO IL IL
lawsuit between Messrs. J. T
Brown end E. E. Risien, iDyol,
ing the right to use tho waite
from the stream just east of tow
as well as to erect and abut dam
thereon. The case was decided b
the Supreme court January 2:
but no definite information coul
be had until Mr.. Burleson, one c
the attorneys for Mr.. Brown, OBJ
tanned at considerable cost, a ce1
tilted copy of the opinion in til
ease. This opinion is now befor
and we will make some extract
the information of the readers
the News, most of whom are in
sested.
After stating the case in full
reciting the testimony, giving the
findings of facts, and conclusions
of law by the lower court, as vel
as the assignment of errors by thu
appellant, the higher court pro
ceeds to state the case and to de
eide upon it, as follows:
This suit was brought in Deem
Der 1856, by the plaintiff Brown,
against Risien, to determine the
riparian rights of the parties to
MeAnnelly's creek. The plaintiff
alleges, that on the LIST day of JAN
nary, 1877, and long prior to that
time, and since, he was and is, the
owner Of the land described in the
petition, as situated on the east
bank of said creek, consisting OF
about five hundred acres, and is
the riparian proprietor of the
original source of said creek, and
all of its water in its natural end
regular flow, and entitled to the
exclusive possession of the same
from its source to its mouth, for
all reasonable and domestic pur-
poses. And for the purpose of
converting it to use by artificial
means, for the purpose of using it
commercially and as a power to
run machinery of all kinds, by
banking, damming, and all other
means. That the defendant, Risi-
en, on January LIST, 1887, entered
upon said premises, and erected a
dam extending frem bank to bank,
{iscludiae Birth of the natural
banks of said Stream J, and mas
converted and appropriated both
banks, bed, channel, and water Of
said stream to his own use IN vari-
Gus ways, as 8 means, power, and
force to run machinery, and selling
in specified quantities said water.
And has placed in the natural bed
and channel Of said stream, a by
drsulic ram and other distractions
aIl Of which it is alleged, has been
done nv the defendant. Risien, with
out the acquiescence and consent
of plaintiff, except by permissiye
accommodation, up to about the
LIST day of April, 1885. Since
which date, he has committed such
acts and trespasses and CONVEX
sions without plaintiffs consent,
and against his protest Praying
for a recovery, and general relief.
Risien answered, denying Browns
rights as claimed by him. Alleged
ownership In himself of a tract Of
land on the west bank of the creeh
where the dam was erected, assert
ed rights to the waters of th'
stream as co-proprietor withBrown
Alleged the latfer's acquiescenc'
IN the building of the dam, with
full knowledge of all the facts con
nected Herewith, and his encour
agement Of him, Risien, SO to do
He also pleaded that after using
the dam erected in 1877, for sew
eral years, it became unfit to NEE
the demands made upon him t
supply water; which fact was made
known to Brown, who consented t.
an extension Of the privileges pre-
yiousiy granted, and encouraged
him IN the erection Of a new anc
permanent dam in the same place
and encouraged him to enter int
contracts to supply parties will
wEter, which contracts we're TO rul
for number of years, and had no
expired; and that Brown had en-
coaraged parties to enter into SAT-
contracts: and he was therefore es
topped from interfering With tn
use and enjoyment of said dam, a
least, until the expiration of SAT-
contracts, if not absolutely, ant
until he, Risien. had been compen
sated for the money and labor ez
pended by him in connection there
with.
The leading questions in the cas-
involved:
First The construction of til
deed to Brown from McAnneIl,
which it is contended vests in hill
the exclusive rights to the water
Of fba creek as allaoed In the N,