Rose v. Peters

Plaintiff sued in equity to enjoin the use of an irrigation ditch running across his land, and for damages for the use of the ditch. Defendants filed a cross-complaint for declaratory relief seeking a determination of the rights and duties of the respective parties in relation to the ditch. The defendants had judgmeut declaring that they were entitled to use the ditch for irrigation purposes, to pass over and through plaintiff’s land to maintain the ditch and, for that purpose, to use a certain roadway running, through plaintiff’s land. It was also declared that defendants were bound to…