Legal Opinion

Sharp v. Hoffman

California Supreme Court

Decided June 1, 1889No. 12571PublishedCited by 10 opinions

Appeal from an order of the Superior Court of Lassen County granting a new trial. The facts are stated in the opinion.

1Opinion of the Court

Gibson, C.

Action for damages for wrongful diversion of water; verdict and judgment for plaintiff. Defendants moved for and obtained an order granting a new trial, from which plaintiff appeals. The new trial *406was granted upon two grounds: the insufficiency of the evidence to justify the verdict, and of errors of law that occurred at the trial, and. which were duly excepted to by defendants.

Both plaintiff and defendants are riparian proprietors on Parker Creek, in Lassen County, the lands of plaintiff lying below those of defendants. The creek is a small natural stream, fed by snow on the…

2Cases cited3 opinions

  1. Bauder v. TyrrelCalifornia Supreme Court · 1881
  2. Irving v. CunninghamCalifornia Supreme Court · 1881
  3. Bennett v. HobroCalifornia Supreme Court · 1887

3Cited by10 opinions

  1. People v. EbanksCalifornia Supreme Court · 1897
  2. New York Post Corp. v. LeibowitzNew York Court of Appeals · 1957
  3. Partelow v. Newton & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1907
  4. Fost v. Superior CourtCalifornia Court of Appeal · 2000
  5. Mann v. McChesneyCalifornia Supreme Court · 1900

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