Heilbron

— This is an'action for injunction to restrain the defendants from turning away from Cole Slough or from Kings River the waters which in their natural flow would run down to the plaintiff’s ditch, and for damages. The case was tried before the court without the intervention of a jury, findings filed, and judgment rendered in favor of plaintiff, enjoining and restraining the defendants from damming up the southerly branch or channel of Cole Slough, or from diverting or turning away from said southerly branch or channel any of the waters which in their natural flow would run down to or into said'southerly channel or branch, and from in any manner obstructing or interfering with the free flow of the -water into or down the said southerly branch or channel of Cole Slough, or through the Dutch John Cut. Motion for new trial was made and denied, and defendants appeal from the judgment, and from the order denying said motion.

Plaintiff is a corporation, having no riparian rights, so far as shown in this case, but claiming the right as appropriator, to take water from Kings River, at the head of its ditch, to the amount of fourteen thousand four *7 hundred cubic inches per second, under…

— I concur on the second ground discussed. by Mr. Justice Fox, viz.: That the record in Heilbron v. The Last Chance W. D. Co. established an estoppel in favor of the defendants and against the plaintiff herein.

Works, J. — I concur in the judgment.

Rehearing denied.