Dougherty v. Haggin

Ross, J.:

There must be a new trial in this case. The plaintiff, claiming to be entitled to the use of five hundred inches, measured under a four-inch pressure, of the waters of a certain creek in Kern county called Clear Creek, brought this action for the purpose of enjoining the defendants from diverting the said waters, and to recover damages therefor in. the sum of three thousand dollars, etc. After trial, the jury returned a verdict in these words: “We,the jury, find that the plaintiff is entitled to eight hundred inches, under a four-inch pressure, of the waters of Clear Creek, described…