Higgins v. Barker

Citations

• 42 Cal. 233

Syllabus

<p>Water Rights—Judgment Consistent with Verdict.—H. constructed a water-ditch, hy which he appropriated three hundred inches of water from a running stream, hut not all of the stream. B. appropriated the remainder'of the water. Subsequently H. made a new ditch, appropriating water from the same stream. In a suit to enjoin B. from interfering with H. in the use of the water, H. obtained a verdict that the second ditch did not diminish the quantity appropriated hy B., and judgment was rendered enjoining K. from disturbing H. in the use of three hundred inches of water. Held, that the judgment was consistent with the verdict and with justice.</p>