Crescent Canal Co. v. Montgomery

The plaintiff is a corporation organized and existing under the laws of the state of California for the purpose of diverting water from Kings River by means of a canal and conveying it to the owners of adjacent lands for irrigation, domestic uses, etc. The main canal, which is a large one, carrying two hundred and fifty cubic feet of water per second, was constructed prior to the year 1887, and, as first laid out, headed in the river at a point on section 5 of a certain township. In 1887 Poyser and Johns were owners of about four hundred and eighty acres in the adjoining section 4 of the same…