Heilbron v. Last Chance Water Ditch Co.

McFarland J.

This is an action to restrain defendant (a corporation) from diverting water from a natural watercourse called Kings River, and for damages for past diversion. The court below, sitting without a jury, gave judgment for defendant; and from the judgment, and an order denying a new trial, the plaintiffs appeal.

The plaintiffs, who are August Heilbron, Adolph Heilbron, S. Clayburgh, and S. C. Lillis, aver in their complaint that they “ are now, and they and their predecessors and grantors for more than five years last past have been, the owners and in lawful possession of” a large…