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SCHIMMELFENNIG v. GROVE FARM COMPANY

No. 4475.

434 P.2d 314 (1967)

Carl E. SCHIMMELFENNIG v. GROVE FARM COMPANY, Ltd., Bishop Trust Company, Ltd., Trustee for Augustus F. Knudsen, Cooke Trust Company, Ltd., and Valdemar L'Orange Knudsen, Trustees for Eric A. Knudsen and Poipu Ranch Company, Ltd.

Supreme Court of Hawaii.

November 13, 1967.

Attorney(s) appearing for the Case

D. N. Ingman, Honolulu, for plaintiff-appellant.

Daniel H. Case, Honolulu (Pratt, Moore, Bortz & Vitousek, Honolulu, of counsel), for defendants-appellees.

Frank D. Gibson, Jr., Honolulu (Henshaw, Conroy & Hamilton, Honolulu, of counsel), for Bishop Trust Co., Ltd., Cooke Trust Co., Ltd. and Valdemar L'Orange Knudsen, defendants-appellees.

Before RICHARDSON, C. J., MARUMOTO, ABE and LEVINSON, JJ., and Circuit Judge FUKUSHIMA for MIZUHA, J.

RICHARDSON, Chief Justice.

Plaintiff Schimmelfennig owns two acres of farm land which adjoin defendants' land situate at Poipu, Koloa, Kauai. From 1951 to 1963 an auwai, or irrigation ditch, which ran over defendants' land channeled water from a stream to plaintiff's land. Since 1963 to present, the auwai became clogged with brush and filled with silt, diverting water from the auwai and preventing it from reaching plaintiff's land. Plaintiff contends that under the...

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