Branstetter

Plaintiff brought the action to have defendants enjoined from diverting into a certain ditch which crossed plaintiff’s lands more than 121 inches of water measured under a four-inch pressure and from enlarging said ditch. Judgment was entered in favor of plaintiff as prayed for in the complaint, except that the amount of water to which defendants were entitled was found to be 121.3 inches measured under a four-inch pressure. The appeal is by defendants from said judgment.

It was alleged in the complaint, which was filed June 6, 1917, that plaintiff was the owner of eighty acres of land (describing it) in Siskiyou County, upon which he raised crops of hay, fruit, and vegetables; “that defendants Martha E. Branstetter, Mary McKenzie, John B. Stuck, and Philip Reed are the owners of a certain water ditch which diverts the waters of Cold Creek to the amount of 121 inches measured under a four-inch pressure over and across the said lands of plaintiff,” which said ditch has been used by defendants for diverting said 121 inches of water during the time plaintiff and his predecessors have owned the land; “that during the year last past, defendants disregarding plaintiff’s rights have at…