Burnett v. Whitesides

Baldwin, J. concurring.

The plaintiff is the owner of a ditch, constructed and used to divert water from Dry creek, in Yuba county, for mining purposes. The defendants are the owners of a ditch used by them to divert water from the same stream for the same purposes. The rights of the plaintiff are prior and paramount to those of the defendants. The action is for damages for diverting the water, and for an injunction. The plaintiff obtained a verdict and judgment, and the defendants moved for a new trial, which was refused. The appeal is from the judgment, and the order refusing a new trial.

The…