California Court of Appeal October 3, 1952, Civ. No. 8126 (Heinkel v. McAllister)

THE COURT.

This is an appeal from a judgment in favor of defendants and from the order denying plaintiff’s motion for a new trial.

*501In 1910 plaintiff’s property was owned by one Shadduck and defendants’ property was owned by one Harris. Shad-duck required more water for use on his land and in search for an additional source discovered a “wet spot of ground” on the Harris property.