Miller v. Thompson

SMITH, C.

This is an appeal on the findings from a judgment for the plaintiff and certain of the defendants. The suit was brought to establish the plaintiff’s title to the waters of Mill Creek in the county of Mono, to the extent of 680 inches, measured under a four-inch pressure, and for an injunction. The plaintiff’s lands are riparian to the creek. Those of the defendants are scattered throughout the township in which plaintiff’s lands are situate—but whether riparian or not is not found. The usual water supply of the creek during the irrigating season is 3,300 inches; and by the findings…