56 Cal. 522 | Cal. | 1880
The plaintiff, claiming to be entitled to the use of certain waters of a certain creek in Kern County, called Clear creek, brought this action for the purpose of enjoining the defendants from diverting the said waters, and to recover damages, etc. The verdict returned is in these words: “ We, the jury, find that the plaintiff is entitled to forty inches, miners’ measurement, of the
The judgment and order must be reversed, and the cause remanded to the Court below for a new trial, with leave to the plaintiff to amend his complaint if he shall be so advised. Ordered accordingly.
McKinstry, Jt and McKee, J., concurred.