Hoyt v. Hart

The plaintiff prosecutes two separate appeals, one from the judgment, and one from an order denying a motion for new trial. Both may be considered in a single opinion.

The plaintiff and the defendant are owners of adjoining tracts of agricultural land in Siskiyou County, plaintiff’s holding lying to the west of defendant’s. On the easterly side of the defendant’s land there runs an irrigating ditch, variously designated in the record as the “Miller, Hoyt and Casedy Ditch” and as the “Burgess Ditch,” and each of the parties claims an interest in a portion of the waters flowing through it. The…