County of San Diego v. California Water & Telephone Co.

Defendant, a public utility company, is engaged in the construction of a dam which, when completed and full, will flood a portion of a county highway. Plaintiff brought this action to enjoin the flooding. Defendant has appealed from an adverse judgment, contending, principally, that under the stipulated facts the county has waived damages to its property and is estopped by its conduct to obtain the relief sought.

For a number of years the county has maintained a public highway which, approaching from the west, crosses Sweet-water River over the Sacatara Bridge and then, a short distance to the…