Nevada Water Co. v. Powell
California Supreme Court
Appeal from the District Court, Fourteenth Judicial District, ¡Nevada County. In the Court below the plaintiff had judgment. The defendants moved for a new trial, which was denied by the Court, and from the order denying said motion and the judgment the defendants appealed.
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Appeal from the District Court, Fourteenth Judicial District, ¡Nevada County. In the Court below the plaintiff had judgment. The defendants moved for a new trial, which was denied by the Court, and from the order denying said motion and the judgment the defendants appealed. The following instructions were given by the Court to the jury, at plaintiff’s request, to which the defendant at the time duly excepted, to wit : “ 1. If the jury believe, from the evidence, that the right of plaintiff to use and divert the waters of Shady Creek is prior in date to the rights of defendants to work the…
1Opinion of the Court
By the Court, Sawyer, J. :
This is au action to recover damages for the destruction of an addition to a dam, by means of which the waters of Shady Creek were turned into plaintiff’s ditch, and to restrain defendants from tearing down any other addition that may be made. The defence is, that said addition so torn down was a nuisance to defendants’ mining claim.
The plaintiff’s testimony tended to show the following state of facts, viz: That plaintiff is the owner of a mining ditch cut for the purpose of conveying water from Shady Creek to French Corrall for mining and other purposes; that the…
2Cited by12 opinions
- Union Mill & Mining Co. v. DangbergU.S. Circuit Court for the District of Nevada · 1897
- Fuller v. Swan River Placer Min. Co.Supreme Court of Colorado · 1888
- Gassert v. NoyesMontana Supreme Court · 1896
- Colorado Milling & Elevator Co. v. Larimer & Weld Irrigation Co.Supreme Court of Colorado · 1899
- Alder Gulch Con. Mining Co. v. HayesMontana Supreme Court · 1886
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