Cuthbert Burrel Co. v. Peoples's Ditch Co.

The action arises out of conflicting claims to the use of the waters of Kings River. Plaintiffs had judgment and the appeal is by defendants, The People’s Ditch Company, The Last Chance Water Ditch Company, The Lemoore Canal and Irrigation Company and Lower Kings River Water Ditcb Company, from said judgment. The defendants, Lake Land Canal and Irrigation Company and the Union Water Ditch Company, have not appealed.

This action and two others (Stinson Canal & Irr. Co. v. Lemoore Canal & Irr. Co. et al., etc., Interveners, and Stinson Canal & Irr. Co. and Crescent Canal Co. v. People’s Ditch Co. et al.) were consolidated in the court below and tried together. An opinion reversing the judgments and orders in the other eases was filed in this court on the twenty-fourth day of December, 1919. (See ante, p. 241, [ 188 Pac. 77 ].)

The object of this action by the plaintiffs was to establish the riparian character of their lands (described in the complaint) and to obtain injunctive relief against the alleged acts of the defendants in interfering with the riparian rights of plaintiffs.

The complaint, by appropriate averments, sets up the riparian rights of the plaintiffs, alleging that…