Refusal of permit

If upon a view of the inquest returned by the sheriff and other evidence, if any shall be produced, it shall appear to the court that the dwelling of the proprietor, or outhouses, curtilages, or gardens thereunto belonging, or orchards, or fields will be overflowed, or that the health of the neighborhood will be materially annoyed by the stagnation of the waters consequent upon the erection of the proposed dam, then the court shall not permit the dam to be erected. Rev. Stat., ch. 98, § 14; C. & M. Dig., § 3956; Pope's Dig., § 4958; A.S.A. 1947, § 35-514. If upon a view of the inquest returned by the sheriff and other evidence, if any shall be produced, it shall appear to the court that the dwelling of the proprietor, or outhouses, curtilages, or gardens thereunto belonging, or orchards, or fields will be overflowed, or that the health of the neighborhood will be materially annoyed by the stagnation of the waters consequent upon the erection of the proposed dam, then the court shall not permit the dam to be erected. Rev. Stat., ch. 98, § 14; C. & M. Dig., § 3956; Pope's Dig., § 4958; A.S.A. 1947, § 35-514.