Miller v. Bay Cities Water Co.

Plaintiff, the owner of a tract of land in Santa Clara County upon which was planted an orchard of twenty-one acres of deciduous trees, brought this action against the defendant, a California corporation, organized for the purpose of furnishing water to cities and their inhabitants, and against certain of its officers, to enjoin the diversion by them of any waters of the Coyote River in said county; either those waters flowing on the surface of the bed of said river or flowing or percolating underneath it, or from diverting any of said waters to any extent.

As the basis of his right to an…