Joseph v. Ager

This action was -for an injunction to restrain defendant from interfering with a certain ditch dug by plaintiff on the land of defendant, and for damages alleged to have been caused by the filling up of part of said ditch by defendant. The verdict and judgment were for defendant; and plaintiff appeals from an order denying his motion for a new trial.

The appellant owns land on a natural watercourse called Willow creek, and respondent owns land on said creek adjoining and immediately above said land of appellant; and for many years appellant and his predecessors have exercised the right of…