The plaintiff, a lower riparian owner, sued the defendant municipality for taking water from a stream in such quantity as to cause serious damage. The complaint alleged. that the defendant purchased land extending to the stream bank in 1927 and 1928, which it later took into its corporate limits, and that thereupon it diverted water to points within its corporate limits but beyond the watershed of the stream. Held, the defendant's demurrer to the complaint was properly overruled. Sayles v. City of Mitchell, (S. D. 1932) 245 N. W. 390.

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