North Fork Water Co. v. Edwards
California Supreme Court
APPEAL from a judgment of the Superior Court of San Bernardino County and from an order denying a new trial. John H. Campbell, Judge. The facts are stated in the opinion.
1Opinion of the Court
CHIPMAN, C.
Plaintiff is the owner of a ditch used to convey water to a large number of families and to the inmates of the Southern California Insane Asylum for domestic and other uses. The course of the ditch at the point in question was along a hillside, and above the ditch the lands were uncultivated and not owned by defendants. Below the ditch and extending to its center are defendants’ lands.
Plaintiff acquired a right of way or easement over defendants’ lands by prescription. When the ditch was first dug it followed generally the contours of the land. There were two depressions running…
2Cases cited4 opinions
- Burris v. People's Ditch Co.California Supreme Court · 1894
- Joseph v. AgerCalifornia Supreme Court · 1895
- Jacob v. DayCalifornia Supreme Court · 1896
- Ware v. WalkerCalifornia Supreme Court · 1886
3Cited by34 opinions
- Locklin v. City of LafayetteCalifornia Supreme Court · 1994
- Hannah v. PogueCalifornia Supreme Court · 1944
- Herzog v. GrossoCalifornia Supreme Court · 1953
- Coulsen v. Aberdeen-Springfield Canal Co.Idaho Supreme Court · 1929
- Felsenthal v. WarringCalifornia Court of Appeal · 1919
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