McDaniel v. Cummings

Defendant owns the west half of a certain section, No. 26, in Colusa County. Plaintiff owns land adjoining on the west. Still farther to the west, at a distance of about two miles from plaintiff’s land, the Sacramento River flows from north to south. The land next the river is the highest, there being a gradual descent from the river bank to and beyond the land of defendant. When the river rises above the level of its banks, — as it generally does several times during every rainy season, — the water flows off to the east or southeast across the land of plaintiff, and other lands similarly…