Jacob

This action was originally brought by the plaintiff to enjoin the defendants, who are owners of the Mammoth placer mine, and who are working the same by hydraulic process, from injuring or washing away a certain water ditch known as the east branch of the Jacob ditch, owned by plaintiff, and which crosses defendants’ mine.

Several ditches, among them the Jacob ditch and the Butcher ditch, take water from Connor’s Creek. Plaintiff acquired the ownership of the Butcher ditch in 1863, and commenced the construction of the Jacob ditch in 1868, and completed the east branch and turned water into it in October, 1870. This east branch of the Jacob ditch connects with and conveys water into the lower part of the Butcher ditch and to a reservoir used by' plaintiff in working a mine. The amended complaint alleged the ownership and right to the twenty inches of the “first flow” of the waters of Connor’s Creek through the Jacob ditch and branches, that a portion of this water had been used through this ditch since 1868, and later all of it, and that the ditches above named “united formed one complete system.”

*335 1 fc was further alleged that at the time said east branch was constructed…