Oliver v. Burnett

Plaintiff and defendant are owners of adjoining tracts of land situate in Fresno county. As appurtenant to his land, plaintiff claims to have a right of way across the land of defendant for the purpose of maintaining a ditch to carry water from the main ditch of the Fresno Canal and Irrigation Company to the lands of plaintiff for irrigating purposes, and brought this action to obtain a judgment establishing such right, and restraining defendant from interfering with plaintiff in repairing said ditch. Defendant denied the right of plaintiff, and by a cross-complaint sought damages caused by…