Davis v. Randall

*489The ostensible object of this action was to restrain defendants from interfering with plaintiff in conveying water through certain ditches and laterals across defendants’ lands and reconstructing or repairing the same. The record justifies the assertion that the real purpose was to establish in plaintiff the right to the use of water for irrigation purposes as against the asserted right of the defendants thereto. At the close of plaintiff’s evidence the court, on defendants’ motion, nonsuited plaintiff and afterwards overruled his motion for a new trial, and dismissed the action. The…