Fogarty v. Fogarty

SMITH, C.

The suit was brought to enjoin the defendant from diverting water flowing in a pipe to the land of the plaintiff, and to quiet plaintiff’s title to the same. The judgment was for the defendant, and the appeal is from an order denying a new trial.

The plaintiff is the owner of a piece of ground known as the Doyle place, which for many years has been supplied with water by means of an iron pipe conveying water thereto from a spring on a place known as the Thomas rancho, which is the. water in controversy; and one of the allegations of the complaint is “that the plaintiff and his…