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KELLY v. SPARLING WATER CO.

Docket No. L.A. 25378.

52 Cal.2d 628 (1959)

343 P.2d 257

O.A. KELLY et al., as Trustees, etc., Appellants, v. SPARLING WATER COMPANY (a Corporation), Respondent. O.A. KELLY et al., as Trustees, etc., Appellants, v. MAURICE C. SPARLING, as Executor, etc., Respondent.

Supreme Court of California. In Bank.

August 28, 1959.

Attorney(s) appearing for the Case

Joseph M. Wapner for Appellants.

Belcher, Henzie & Fargo and George M. Henzie for Respondents.

SPENCE, J.

Plaintiffs appeal from portions of a modified judgment entered in consolidated actions and from an order denying their motion to strike a cost bill. The actions were for an injunction to restrain defendants from diverting water from a spring on plaintiffs' land and for damages.

In early 1954, plaintiffs purchased some 19 acres of hilly land in Topanga Canyon, Los Angeles County. For many years there had been a spring on the property which supplied...

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