Cheda

Plaintiff sued for an injunction to prevent defendants from interfering with the asserted easement to have a certain supply of water flow from the lands of defendants to and upon plaintiff’s property, and for damages for the cutting of water-pipes by defendant, Julia C. Bodkin. Judgment was given in favor of plaintiff. Prom said judgment, and from an order denying their motion for a new trial, certain of the defendants appeal and the plaintiff being dissatisfied with the amount of damages awarded appeals from that part of the judgment.

The litigation grew out of a controversy over the right to the use of part of the water flowing from certain springs on a tract of land in Marin County known as the Molinari ranch. Plaintiff owns an adjoining place called the Frank Foster ranch and claims the right to use the demanded water for domestic and other purposes thereon. Maria L. Velasco in her lifetime owned both ranches and much other real property in the same immediate neighborhood. The Molinari ranch is on the highest ground. Below it on the same watershed are the dairy ranch and the home ranch, so-called, and adjoining the Molinari ranch, but on a different watershed, is the Frank…