Grimes

This action was brought to obtain an injunction restraining the defendants, who were the supervisors of Santa Cruz county, from filling up, or causing, to be filled up, a ditch or watercourse along the- side of the Carlton road, in that county. It is alleged in the complaint that the plaintiff is the owner of a tract of land bounded on the northeasterly side by the “Carlton Road,” so called, and that along the southerly side of a portion of said road, which bounds plaintiff’s land, there is, and has been for more than twenty years, a ditch or watercourse, through which a stream of water has been accustomed to flow in an easterly direction to a natural stream called the “Casserly creek,” and thence down said creek to the Pajaro river; that the defendants-, acting as the board of supervisors for said county, at their regular meeting on the seventh day of June, 1893, passed and caused to be entered in their minutes an order that said ditch or watercourse be filled up to a level with the roadbed of said road, so as to completely stop and prevent the water from flowing therein and passing off as it had been accustomed to do, and that defendants, unless restrained from so doing, will…