White v. Todd's Valley Water Co.

Citations

• 8 Cal. 443

Syllabus

<p>Whore the defendants had constructed a ditch for mining purposes, and the plaintiffs had subsequently constructed another, taking its water from the same stream, and brought suit for damages sustained by reason of an enlargement of defendant’s ditch, made after the commencement of plaintiffs’ ditch, causing a diversion of a greater quantity of water; and praying for an injunction: Held, that defendants are not limited to the quantity of water turned into their ditch in the first instance, unless by the general plan, size, and grade, of the ditch, it was not capable of carrying more water than was then diverted.</p> <p>If, by reason of obstructions in the ditch, or irregularity in the grade at that time, it was not capable of diverting as much water as its general Size would indicate, the defendants would have a reasonable time to adjust the grade and remove such obstructions, and then fill the ditch to its capacity.</p> <p>Bub if they continued to divert only the original quantity of water long enough to indicate that they only intended to divert that amount, or failed for an unreasonable length of time to remove the obstructions or adjust the grade, they would ho limited to the amount thus diverted, and plaintiffs would be entitled to the residue.</p> <p>When the testimony is conflicting, this Court will not disturb a verdict.</p>