2 Cal. Unrep. 258
Decided January 29, 1884
California Supreme Court · decided 1884-01-29
This was an action for damages and for an injunction to restrain defendant from diverting the flow of water in a creek from ditches running over plaintiff’s land—plaintiff alleging to be owner of such water right by prescription. Defendant denied plaintiff’s title to such water right. The court found plaintiff to be the owner of such water right, and entitled to the injunction prayed for. Defendant appealed.
Decided 1884-01-29
¶1We have read the record attentively, and find no evidence to support the finding of the court below, to the effect that the plaintiff acquired the right to divert from the stream mentioned in the record one hundred inches of its water, measured under a four-inch pressure. The judgment securing him that right, as well as the order refusing the defendant a new trial, must therefore be reversed.
¶2Judgment and order reversed and cause remanded for a new trial.