Hohenshell v. South Riverside Land & Water Co.

SMITH, C.

Judgment was rendered in the lower court against the defendant, requiring it to abate (to a depth of two and seven-tenths feet from the top) a dam placed by it in the outlet of Elsinore lake, in Riverside county, whereby plaintiff’s land was overflowed; and enjoining it from maintaining in said outlet that or any other obstruction.

The appeal is on the judgment-roll; and the points of error assigned are: 1. That the theory of the complaint is at variance with the case as made by the findings; 2. That the findings are defective in failing to show the extent of the plaintiff’s right;…