Genazzi

Action for damages and mandatory injunction. The proceeding was brought by plaintiff against the County of Mann and the Supervisors for the purpose of preventing defendants from continuing to divert a stream from its natural course to plaintiff's damage. The complaint in substance alleged that plaintiff was the owner of abo cit five hundred acres of land in Mann County. That for more than forty years last past and until the year 1927 there had been in said county a natural stream of water commonly known as Olema Creek which flowed along and across the southerly portion of the lands of plaintiff and thence upon and across the main county road leading from Point Reyes to Olema; that at a point where the said Olema Creek crosses the said county road there had, for many years, existed a bridge, and the waters of the creek, in their natural course, flowed across the road under said bridge. That on or about July 1, 1926, the defendants, the Supervisors of the County of Mann, executed a contract with the defendants Cuffe and White for certain improvements on the county road, and in the process of the work it was decided to divert the stream from its old crossing and carry it in a…