Albaugh v. Mt. Shasta Power Corp.

THOMPSON (R. L.), J.

This is a rehearing in an appeal from a judgment for damages in the sum of $65,000 for the diversion of the water of Fall River, and from the issuing of an injunction prohibiting the defendant from using any of the water of that stream until the judgment is satisfied. This is a companion case with that of Merton Crum et al. v. Mt. Shasta Power Corp., (Civil No. 4264) ante, p. 586 [4 Pac. (2d) 564], in which an opinion of this court was this day filed. These two cases were tried upon substantially the same evidence. The same issues are' involved in both actions. Upon the…