Dierssen v. McCormack

Plaintiffs sought to enjoin defendants from diverting water from a certain irrigation ditch and to recover damages. The cause was tried by the court sitting without a jury and from a judgment in favor of defendants, plaintiffs appeal upon the judgment roll. The plaintiffs may be hereinafter referred to as the Dierssens; the defendants Thomas H. McCormack and Clara H. McCormack as the McCormacks; and the defendants Isador Schad and Augusta Schad, as the Sehads.

The parties are adjoining property owners on Sherman Island. All of the properties front on the north bank of the San Joaquin River at…