Bloss v. Rahilly

SPENCE, J., pro tem.

Plaintiff sought by this action to have his rights determined in and to the natural flow of Duck Creek, sometimes known as Duck Slough, and in and to certain foreign waters flpwing in said creek; to obtain an injunction enjoining defendants from interfering with said rights; and to recover damages for such interference. Plaintiff had judgment upon a trial by the court sitting without a jury. Defendants appeal from said judgment.

Plaintiff is a lower riparian owner and defendants are upper riparian owners upon said Duck Creek which is a continuation of Mariposa Creek. This…