Alhambra Addition Water Co. v. Richardson

This action was brought to prevent the defendants from maintaining a certain water-gate in a pipe conveying water for irrigation and other purposes, belonging to the plaintiff; and to prevent the defendants from taking from that pipe a greater quantity of water than what the plaintiff claimed the defendants had a legal right to use. *491 The court below refused to grant the relief by injunction asked for by the plaintiff, and rendered judgment in favor of the defendants. The plaintiff moved for a new trial, which was refused, and the appeal is from the order denying its motion.

It appears by a decision of the supreme court, in a case where these same parties were litigants ( 72 Cal. 598 ), that the water right of the defendants, as against the plaintiff, was determined and defined; and it is claimed by the appellant that the court below took an erroneous view of the scope of the judgment rendered therein, and by its decision in this case allowed to the defendants certain rights in taking water from the plaintiff’s water-pipe which were entirely inadmissible under the view of the matter taken by the appellate court in affirming the judgment on the former appeal.

The former…