Loosli v. Heseman

BUDGE, J.,

concurring specially. — I concur in the affirmance of the judgment.

In my opinion there is only one question presented necessary for consideration and determination on this appeal, namely, whether the excess irrigation water from appellants’ forty acre farm actually flowed down upon respondent’s farm continuously, adversely, and uninterruptedly for a period of five years, and that by reason thereof appellants acquired a prescriptive right or easement to continue to have their excess irrigation water flow down upon respondent’s land.

Upon a conflict in the testimony the court found…