Stevinson v. San Joaquin & Kings River Canal & Irrigation Co.

THE COURT.

A rehearing was granted in this case in order that we might further consider the contentions of appellant, that in addition to the water to which it was entitled, by-prescription, it had the right to take a further quantity because plaintiff by his laches had lost the right to object to such diversion, and that plaintiff, by permitting large numbers of irrigators to use the water in. excess of 760 cubic feet per second, without any protest on his part, had placed himself in a position wherein he was not entitled to the harsh remedy of injunction, but should be relegated to his…