Winter v. Fulstone

By the Court,

Murphy, J.:

This action was brought to recover damages for the alleged wrongful and Unlawful diversion of water from Jack’s Valley •creek, and away from a portion of appellant's land, at times ■during the irrigating seasons of 1882, 1883, 1884 and 1885; for diverting the waters of said creek away from the natural channel or bed thereof in the non-irrigating season, to wit: in the months of November, December, January, February, and March in the years 1881, 1882, 1883, 1884, and 1885, and away from a .portion of appellant’s land; for diverting a portion of the water of said stream…