Mitchell v. City of Santa Barbara

From a judgment in favor of plaintiffs after trial before the court without a jury in an action to recover damages for injury to real property from the diversion of waters from a natural stream, defendant city of Santa Barbara appeals.

The evidence being viewed in the light most favorable to plaintiff (respondent), the essential facts are:

Plaintiffs are the owners of a store building and furniture business located on the comer of Milpas and East Ortega Streets in the city of Santa Barbara. Since man’s memory runneth not to the contrary there has existed within the corporate city a series of…