Pogue

In 1899 plaintiff and one Hyde filed their complaint against the defendant, J. W. C. Pogue, and others. The action was to determine the respective rights of the parties to the use of the waters of the Kaweah River. The differences as to the plaintiff Hyde were adjusted, and he is not before this court. The differences between the appellant and certain of the defendants were satisfactorily adjusted, and these defendants likewise disappear from the case. The conflicting claims of right of the plaintiff and of the defendant Pogue were tried and determined. So far as the parties here before the court are concerned, it is sufficient to state that as between them, the court gave the plaintiff the first four cubic feet of water per second flowing in the river; to the defendant the next six cubic feet of water per second; after which plaintiff was allowed the remainder. Plaintiff appeals, contending that not only under the evidence, but under the findings as well, it is clearly entitled to more water than the court allowed, and that the defendant Pogue’s use is, and should be decreed, subordinate in right to the appellant’s prior claim to a vast amount more of water than the court awarded…