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SCHIMMELFENNIG v. GROVE FARM CO.

No. 4475.

50 Haw. 166 (1967)

434 P.2d 314

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 for plaintiff-appellant.

Daniel H. Case (Pratt, Moore, Bortz & Vitousek) for Grove Farm Company and Poipu Ranch Company, Ltd. and

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

RICHARDSON, C.J., MARUMOTO, ABE AND LEVINSON, JJ., CIRCUIT JUDGE FUKUSHIMA FOR MIZUHA, J.

OPINION OF THE COURT BY RICHARDSON, C.J.

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...

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