Stephani

This is an appeal from a judgment-awarding plaintiff and respondent damages, and a preliminary injunction which restrained appellants from turning waste or irrigation water over the lands of plaintiff. The properties here involved were owned originally by Thomas W. Guthrie, who divided his holdings in parcels and conveyed a portion thereof to his daughters, among whom were the respondent and the appellant herein. Appellant Abbott is the owner of a tract immediately south of respondent, and another sister is the owner of a tract immediately to the north of respondent; the property faces the county road, and running through the property is an old drainage ditch.

The complaint is in two counts. In the first cause of action it is alleged that appellants wrongfully turned large quantities of waste water from their irrigated lands across the fields of plaintiff, thereby overflowing portions of the lands of plaintiff to her damage, and that appellants threatened to continue such action until the same had ripened into a right. In the second cause of action it is alleged that at a subsequent date respondent suffered damage by similar acts on the part of appellants.

Appellants filed an…