Cory

By an amended and supplemental complaint filed in the superior court of San Joaquin County, on June 2, 1925, plaintiff seeks the abatement of an alleged continuing public and private nuisance, incidental damages, declaratory judgment and general relief. The original complaint was filed on January 28, 1924. Demurrers were interposed by defendants to the amended and supplemental complaint, which demurrers were sustained by the trial court without leave to amend and judgment was entered in favor of defendants on April 9, 1926. Plaintiff appeals from the whole of said judgment.

The material facts appearing from the amended and supplemental complaint are: The city of Stockton, in San Joaquin County, California, lies a short distance east of the San Joaquin River at its junction with what is known as Stockton channel. The San Joaquin River flows in a general northwesterly direction in this vicinity. Stockton channel extends easterly from the San Joaquin River to the center of the city of Stockton. Both of these watercourses are navigable streams over which much commerce has passed for many years. At various times in past years, commencing with 1881, the United States government has…