Munsch v. Stelter ( 1910 )

O’BRIEN, J.

(dissenting).

I dissent. In my judgment, the most that can be said in favor of plaintiff’s claim is that he had a license from the defendants to turn the surface water from his land into the ditch located upon- the defendants’ lands; a license revocable at the will of the defendants, without notice, and, having been so revoked, the plaintiff was not entitled to relief.