Duarte v. Rivers

This is an appeal from an order denying a motion for a new trial made under section 953e of the Code of Civil Procedure. The action involved the right to use certain channels and ditches, and the manner of handling certain excess flows of water. There were several groups of parties with conflicting interests. The judgment enjoined the Persian. Ditch Company and certain individuals from taking water from Mill Creek in excess of a given amount, and required them to control the flow of water into their ditch accordingly.

The trial of the action lasted five days and was concluded on February 6,…