California Supreme Court April 10, 1902, S.F. No. 2139. (Hayes v. Silver Creek & Panoche Land & Water Co.)

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SMITH, C.

The plaintiff is the owner of land through which there flows a natural watercourse known as Panoche Creek. The defendant—which is also a riparian proprietor —constructed, in the bed of the creek, above the plaintiff’s land, a dam, and over his land a ditch, by which portions of the waters of the creek are diverted.