Anaheim Water Co. v. Semi-Tropic Water Co.

I concur: I am of opinion that the plaintiffs have failed to make out any case for relief upon the grounds of prescription or estoppel in pais. The reasoning on these points in the opinion of Justice Boss is conclusive.

On whatever rules the rights of the parties herein are to be admeasured, whether by the rules applicable to appropriation, or those applicable to the common-law doctrine of riparian rights, the rights of the parties are at least equal; neither has made out a claim superior to the other. There has never been any exclusive appropriation by plaintiffs prior to that of defendant,…