Gideon W. Burbank, Appellants v. John D. Fay, Respondents

Summary

The Court affirmed the lower court's judgment, holding that the canal board possessed the legal authority to close Child's basin and that the plaintiffs could not claim a prescriptive easement or an injunction to keep the basin supplied with water. The statutes governing canal construction and water use preclude any permanent grant of rights that would impair the public interest, and long use does not create a prescriptive right in a public canal.