WELCH, J.
The plaintiff, owner of a tract of land forming a part of the south bank of the South Canadian river, alleged that defendants built a fence along the north bank of the river in such a manner as to cause a diversion of the river waters from its natural course and to cause an eroding and washing away of a large area of the surface of plaintiff's lands, and claimed damages.
The defendants admitted that they caused the construction of a fence along the...
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