Bartlett

Action to recover damages for diversion of water from an alleged spring and natural stream, and to enjoin the defendants perpetually from such diversion. Judgment passed for plaintiffs, enjoining the defendants as prayed ‘for, and for costs, but without damages. The defendants appeal from the judgment, and from an order denying their motion for a new trial.

The material facts are as follows: In February, 1891, the plaintiffs, being the owners of a large tract of land in Mendocino county, sold and conveyed a parcel thereof (one hundred and thirty acres) to the state of California, to be occupied and used as the site for the Mendocino State Asylum for the Insane. Upon the parcel thus sold to the state is a marsh or bog of about three acres, out of which arises a considerable quantity of water, which runs off from the west side of the bog, through a natural channel, across plaintiffs’ adjoining land. The channel is hardly perceptible within the marshy land, but becomes distinct at the western edge thereof, and ' thence so continues through plaintiffs’ land. The court found that at the head of the natural channel is “a living spring of water, .... and that at the place, and in the…