Gale & Elliott v. Tuolumne Water Co.
California Supreme Court
Appeal from the Fifth District. The complaint, after stating that plaintiffs own a ditch constructed for the purpose of conveying water from Mormon Creek to Jackson Flat, etc. avers, that “ defendants have wrongfully built and constructed dams and flumes, and other obstructions, across said Mormon Creek and its tributaries, so as to turn the water of said creek and its tributaries off from, and out of, the natural channels thereof, to which said plaintiffs were of right…
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Appeal from the Fifth District. The complaint, after stating that plaintiffs own a ditch constructed for the purpose of conveying water from Mormon Creek to Jackson Flat, etc. avers, that “ defendants have wrongfully built and constructed dams and flumes, and other obstructions, across said Mormon Creek and its tributaries, so as to turn the water of said creek and its tributaries off from, and out of, the natural channels thereof, to which said plaintiffs were of right entitled, thereby wrongfully converting the same to their own use. Said plaintiffs farther aver that said defendants have…
1Opinion of the CourtBaldwin, J.
This case was brought for the recovery of damages for diverting water to which the plaintiffs assert they were entitled, and also for preventing the plaintiffs—prior locators entitled to the water—from getting it.
The complaint is not very artificially drawn, but we are inclined to think, under the liberal views we have taken of the pleadings in these cases, that it was not properly demurrable for duplicity, or the joining of several distinct causes of action in one count. The gravamen of the plaintiffs’ action seems to be the diversion, by the defendants, of water to which the plaintiffs *28were…
2Cited by22 opinions
- Van De Kamp v. Bank of AmericaCalifornia Court of Appeal · 1988
- Carpentier v. WilliamsonCalifornia Supreme Court · 1864
- Sheehy v. Roman Catholic ArchbishopCalifornia Court of Appeal · 1942
- Wedel v. HermanCalifornia Supreme Court · 1881
- Bremen Mining & Milling Co. v. BremenNew Mexico Supreme Court · 1905
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