Stoops v. Pistachio

Action to enjoin the maintenance and operation of a certain ditch across the land of plaintiff in such a manner as to cause injury thereto. Damages were also claimed in the sum of five hundred dollars.

Plaintiff is the owner of a twenty-acre vineyard, being part of a certain colony tract situated in Fresno County. Defendants are the owners of other parcels in the same colony which are situated to the south of and contiguous to plaintiff’s holding. Defendants’ lands are irrigated by means of an open ditch of the usual construction, some twelve feet in width, which carries the water from a main…