Frey v. Lowden

Citations

• 70 Cal. 550
• 11 P. 838
• 1886 Cal. LEXIS 843

Syllabus

<p>Water Rights — Appropriation — Equity—Injunction. — A court of equity has power to ascertain and determine, as between several appropriates of the waters of a natural stream, the extent of the respective rights of each in the waters therein flowing, to regulate the use thereof in such a way as to maintain equality of rights in the enjoyment of the common property, and to enjoin a subsequent appropriator from interfering with the rights of the prior appropriators as ascertained and established by the court.</p> <p>Id. — Water Ditch—Evidence of Capacity—Experts. —A witness who has had many years’ practical experience in mining and measuring and selling water to miners, although not an expert in the science of measuring water, may testify to the carrying capacity of a particular water ditch.</p>