Clark v. Di Prima

Appellants and respondent own contiguous farmland with 1,320 feet of common boundary. Respondent’s property slopes toward appellants’ at a gradient of 1 foot to 100 feet, but there is a ridge or dike along the common boundary approximately 6 feet wide, of varying height. Respondent irrigated his land by flooding, obtaining water from a Merced Irrigation District ditch. Appellants’ adjoining land was planted to almond trees, which were irrigated by a sprinkler system.

According tp the settled statement on appeal, when appellant David Clark discovered some of his almond trees flooded about 9…