Bohn v. Albertson

From a judgment granting plaintiffs a permanent injunction, defendants appeal.

Facts

Plaintiffs are the lessees of the owners of most of the Frank’s Tract in Contra Costa County. These owners are the successors in interests of the original patentees of swamp and overflowed land. In February, 1938, the San Joaquin River broke the levee and flooded the entire tract, including lands leased by defendants. It has remained flooded ever since. From 1938 until the making of the. lease in 1947 the defendants and the general public in large numbers have gone on the tract in rowboats, skiffs and pleasure…