Oneto v. Restano

Hayne, C.

— Suit to determine the right to certain water. The trial court gave judgment for the defendant, and the plaintiff appeals.

The subject-matter of the suit, as defined by the complaint, is the water of a certain spring, which the predecessor of the plaintiff conducted through a flume or ditch, across the land of the predecessor of the defendant to his own land. The answer hints at other water coming through the same flume or ditch. And the findings set forth the fact. For while it is found that one Joseph Bache, the plaintiff’s predecessor, was the owner of the spring, it is also found…