Robison v. Bate

OPINION

By the Court,

McNamee, J.:

Appellant, as plaintiff below, seeks determination of his and the defendants’ (respondents’) relative rights to use certain waters of Piermont Creek and of certain springs.

In his first cause of action plaintiff alleges that he is the owner of the O’Neil ranch and Keegan meadow and that defendant Bate is the owner of the Bate ranch which separates the O’Neil ranch and the Keegan meadow. Eldridge, as lessee of the Bate property, is joined as a defendant. Plaintiff further alleges that Piermont Creek flows from the northeast to the southeast in a natural channel…