Milick

This is an appeal from a judgment ordering removal of certain encroachments placed in a watercourse by each party and denying damages to either.

The Controversy

Plaintiff’s complaint alleges that a certain watercourse or ravine bed lies entirely on defendant’s lot; that defendant obstructed the watercourse, causing diversion of water onto plaintiff’s lot to plaintiff’s damage. A second count was pleaded in the form of quiet title, but defendant denied any claim to plaintiff’s lot and no controversy developed with respect thereto on trial. Defendant filed a cross-complaint, alleging that said water course is partly on plaintiff’s lot and partly on defendant’s lot; that plaintiff obstructed said water course, diverting water onto defendant’s lot to defendant’s damage.

Facts

While there is some conflict in the evidence, it is amply sufficient to support the following statement of facts: Each party owns a lot about 150 feet square on the south side of Springfield Street near its intersection with Oriole Street in the City of San Diego. Plaintiff’s lot lies immediately adjacent to and west of defendant’s lot. The topographic map of the City of San Diego which is in evidence shows…