The judgment in the former case was substantially for the *471diversion of the water of the same stream. It settled conclusively that the defendant below had no right to so divert it. If some other items of damage were considered in that case, it bears only on the measure of damages in this action. It does not open anew the question of right to so divert the water. The points submitted were correctly answered, and the evidence was fairly submitted.

Judgment affirmed.