Paige

We granted a rehearing in this case after affirmance of the judgment of the superior court, because we were in doubt whether there was not a fatal conflict in the findings as to appellant’s claim of prescriptive right to maintain the dam in the south fork of Pack-wood Creek, and to divert the waters of the creek through its canal. After the reargument, and a careful re-examination of the findings, we are satisfied that they are entirely consistent. They are not so clearly expressed as they might have been upon one or two points; but reading them and construing them all together, their evident meaning is, that, although the appellant main *86 tained a dam in the south fork of Packwood Creek for more than five years continuously prior to the commencement of this action, and also maintained its ditch during the-same period,-it did not maintain such dam or ditch under any claim of right adverse to the respondent’s right, and consequently that its continuous maintenance of the dam and ditch was no bar to the action.

We are in all respects satisfied with our former opinion.

Judgment and order affirmed.

The following is the opinion above referred to, rendered in Bank on the 13th of…