Huston v. Leach

53 Cal. 262

Opinion

By the Court :

The clause of the. decree by which the defendant Wilson is enjoined “ from in any manner interfering with the waters of said springs, so as to prevent the same, or any part thereof, from flowing into Lytle Creek,” only applies to defined streams, and does not restrain him from availing himself of percolations, even though he might thereby diminish the water which would otherwise issue from the springs.

Judgment and order affirmed.