Hillman v. Newington

Citations

• 57 Cal. 56

Syllabus

<p>Parties—Joinder—Trespass.—The plaintiff was entitled to the use of 400 inches of water-flowing in a creek; the defendants severally diverted water from the stream so as, in the aggregate, to diminish the floxv available to the plaintiff to a quantity less than 400 inches. Held, that it was proper to join the defendants in an action to recover damages for the diversion, and • to restrain its continuance.</p> <p>Id.—Id.—Id.—Damages—Costs.—In such case, it is proper, as against the defendants, to apportion the costs and damages recovered by the plaintiff equally among the defendants.</p>