Robertson

Plaintiff seeks the judgment of the court that he is the owner of one-sixth of the waters of a certain spring, known as Rock Spring, and restraining defendants from diverting more than two-thirds of the waters of said spring; also directing defendants to remove any obstruction maintained by them which prevents plaintiff from obtaining the use of said one-sixth of said waters; also for damages in the sum of two thousand five hundred dollars. The findings of fact and conclusions of law were that plaintiff is the owner of an undivided one-sixth interest in said spring and the waters thereof and that defendants are the owners of four-sixths, the remaining one-sixth belonging to O. F. Westphal; that defendants have not nor has either of them diverted any part of the waters of said Rock Spring to which plaintiff is entitled, nor have defendants or either of them interfered in any way with plaintiff’s free and unobstructed use of said waters to which plaintiff is entitled nor threatened so to do; that plaintiff has not been damaged “in any way or manner whatsoever by reason of any alleged diversion or obstruction of the said Rock Spring by said defendants, or either of them, or by any…