Yarwood v. West Los Angeles Water Co.

THE COURT.

—The plaintiff and the interveners appeal from an order denying them a new trial.

The plaintiff Yarwood and three several intervening plaintiffs, each in a several complaint, allege ownership of one or more lots of the “ Rancho Providencia and Scott tract as resurveyed,” etc., situated in Los Angeles County. In their several complaints, said plaintiffs further allege that a certain stream or wash flows in a natural channel and watercourse, on the surface and underground, “adjacent and contiguous to and in” the several lots and premises belonging to each of said plaintiffs, which water, if allowed to flow in its natural course, would supply the necessities of plaintiffs; that plaintiffs are entitled to the use of said waters for domestic and irrigation purposes; that at all times since the first day of July, 1895, the said defendants have wrongfully and unlawfully interfered with the use of the water to which plaintiffs were entitled as aforesaid, and have wrongfully diverted and abstracted, and deprived plaintiffs of, large portions of said waters, so that said plaintiffs have not sufficient water for their purposes as aforesaid; that defendants threaten, and unless restrained from so doing will continue to so wrongfully and unlawfully divert said water, and deprive plaintiffs of the use thereof, to their permanent and irreparable damage and injury; that defendants claim an interest in said water, and a right to interfere with, abstract, and divert the same, and deprive plaintiffs thereof, but said claim is without any right, etc.; that by means of said wrongful acts of defendants, plaintiffs have been injured, and their crops, orchards, and trees have been destroyed and damaged,—each plaintiff setting out the specific sum in which he or she has been so damaged. Plaintiffs pray that they may have judgment that they are entitled to the rights of riparian owners upon said stream, and to the use of the water therein, “undefiled and undiminished,” for their necessary domestic purposes and for purposes of irrigation; and that defendants

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have not had and do not have the right to interfere therewith, or to abstract, develop, or divert any of the water flowing therein, to the damage of plaintiffs; and that defendants be enjoined from further interference with the rights of said plaintiffs in said stream, and from developing the water thereof, against the rights of plaintiffs; and that plaintiffs may have judgment for damages in the sums set out in their several complaints.