Turner v. Hopper

This is an appeal from a judgment which enjoined defendants from interfering with the free passage of rain and surface waters from plaintiffs’ property flowing across defendants’ property, and required defendants to remove a “fill-in and dam” located on their property.

The evidence in this case is not conflicting. The precise problem presented does not seem to have been decided in the exact form appearing here in any California decision to which our attention has been directed.

Plaintiffs are the owners of 8 acres of land lying east of Verano Road in Orange County, and defendants own 5 acres on…