Legal Opinion

Courtwright v. Bear River & Auburn Water & Mining Co.

California Supreme Court

Decided October 15, 1866PublishedCited by 20 opinions

Appeal from the District Court, Fourteenth Judicial District, Placer County. After the answer had been filed, a jury trial was had, and plaintiff obtained a verdict for damages. Defendant then moved the Court, before judgment had been entered, to dismiss the action for want of jurisdiction. The Court granted the motion, and plaintiff appealed. ¡ The other facts are stated in the opinion of the Court.

1Opinion of the Court

By the Court, Rhodes, J.:

The complaint avers that the plaintiff, in 1861, became, and from thence has been, and still is the owner and in the possesr sion of the tract of land described; that he inclosed and cultivated the same and has an orchard and vineyard thereon ; that the defendant with force and arms entered upon the land, and by means of a ditch excavated across the land by the defendant, caused large quantities of muddy water to flow over large *575portions of the land, whereby they were rendered unfit for cultivation, and the trees, vines and crops thereon were destroyed; that the…

2Cases cited14 opinions

  1. Conant v. ConantCalifornia Supreme Court · 1858
  2. American Co. v. BradfordCalifornia Supreme Court · 1865
  3. Hill v. SmithCalifornia Supreme Court · 1865
  4. Blanc v. KlumpkeCalifornia Supreme Court · 1865
  5. Maclay v. LoveCalifornia Supreme Court · 1864

9 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Mangini v. Aerojet-General Corp.California Court of Appeal · 1991
  2. Rosenbaum v. BauerSupreme Court of the United States · 1887
  3. Memphis Street Railway Co. v. ByrneTennessee Supreme Court · 1907
  4. State of Florida v. SullivanSupreme Court of Florida · 1928
  5. Jones v. ReedWashington Supreme Court · 1891

15 more not listed; retrieve them via the Exa API.

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