Legal Opinion

Barker v. Gould

California Supreme Court

Decided October 6, 1898No. L. A. No. 448PublishedCited by 6 opinions

APPEAL from a judgment of the Superior Court of Sapta Barbara County and from an order denying a new trial. B. T. Williams, Judge. The facts are stated in, the opinion of the court.

1Opinion of the CourtHarrison, J.

The plaintiff is the owner of certain lands in the county of Santa Barbara, situated upon both sides of a natural stream of water known as Cold Spring creek, which rises at a point north of the plaintiff’s land and flows through his premises into lands belonging to the appellants, which border upon the stream and lie south of and below the plaintiff’s lands.

Between July 1, 1894, and the commencement of this action, the plaintiff constructed a tunnel upon his land, on the east side of the creek, into which the water percolates from the adjoining land and produces a stream which flows from its…

2Cited by6 opinions

  1. People v. MartinCalifornia Court of Appeal · 1948
  2. People v. GoldsteinCalifornia Court of Appeal · 1956
  3. Francis v. SauveCalifornia Court of Appeal · 1963
  4. Mentone Irrigation Co. v. Redlands Elec. Light & Power Co.California Supreme Court · 1909
  5. People v. FerugiaCalifornia Court of Appeal · 1928

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