MacK

Defendants appeal from an injunction issued by the Shasta County Superior Court restraining them from interfering with the free use by the public of a portion of Fall River.

Questions Presented

1. In California the sole test of navigability of a stream is not whether it is or can be used for commercial purposes.

2. Plaintiff is not estopped to claim navigability of Fall River.

Record

Fall River, in a state of nature, has its sources in the northwesterly part of the Fall River Valley, Shasta County. It flows, in a generally southeasterly direction to its junction with Pit River at the town of Fall River Mills. Defendants are the owners of riparian lands bordering the river and have obstructed navigation and fishing by the public on the river by the erection and maintenance of booms, fences and low bridges across the river and by the construction of fences to prevent access to the river.

Plaintiff filed in the Shasta County Superior Court this action against defendants to abate a public nuisance on the ground that defendants were unlawfully preventing persons from boating, fishing and hunting on Fall River. After a nonjury trial the court found that defendants were…