Strehlow

In this action plaintiffs sought injunctive relief against defendant’s interference with their right to use a certain ditch and road.

The court below granted the relief prayed for and defendant appeals. The record comes before us by means of a bill of exceptions. The facts may be briefly summarized.

Plaintiffs are the owners of a certain tract of land lying in the county of Sonoma, which said land is used for general farming and the raising of fruit. A description of plaintiffs’ lands, by metes and bounds, would serve no useful purpose. It is sufficient to note that the eastern boundary of these lands is the center of a certain stream or waterway known as Dry Creek. The general contour of the land is sloping and throughout are many depressions and likely places for the settling and accumulation of both drainage and flood waters. The defendant owns a tract of land immediately adjoining the lands of plaintiffs on the south. Some twenty or more years ago the lands of .both plaintiffs and defendant were in a common ownership and farmed as one tract. At or about the boundary line common to the south line of plaintiffs’ land and defendant’s land is a road, which said road lies partly…