Stoner v. Zucker

148 Cal. 516, 83 P.2d 808 (1906)

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Nature of the Case

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Facts

Pursuant to license granted by the plaintiff (P), the defendants (D) entered P's land and built an irrigation ditch to be used in connection with D's own property. A year later P gave notice to D of his intent to terminate the license. However, D continued to enter P's land to repair and maintain the ditch. P sued to have D adjudged as trespassers and to enjoin them from making further entries on the land. The lower court, recognizing that D had incurred great expense in constructing and maintaining the ditch, found that they had a right of way in P's land. P appeals. On appeal, the court found initially that the interest granted to D was not an easement, but a license.