Walsh v. Harris
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of Amador. This was an action to recover damages for the diversion of water by the defendants from the plaintiffs’ ditch, and for an injunction to restrain defendants from a continuation thereof. Plaintiffs were incorporated under the name of the “ Sutter Creek Water Company,” and claimed the waters of the north branch of Sutter Creek, in the county of Amador.
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Appeal from the District Court of the Fifth Judicial District, County of Amador. This was an action to recover damages for the diversion of water by the defendants from the plaintiffs’ ditch, and for an injunction to restrain defendants from a continuation thereof. Plaintiffs were incorporated under the name of the “ Sutter Creek Water Company,” and claimed the waters of the north branch of Sutter Creek, in the county of Amador. The defendants owned a mining-claim, and claimed that the water used by them for the working of their claim, leaked through the dam, or reservoir, of the Volcano…
1ConcurrenceTerry, C. J.
Suit in May, 1856; judgment in October, 1856.
The Court erred in refusing to admit testimony offered by plaintiffs to show that the water alleged in this suit is the same water for which a recovery was had in former cases between the present plaintiffs and the parties under whom the defendants claimed. There was no other means than by parol to establish this fact; and for this error the judgment is reversed, and cause remanded.
2Cited by5 opinions
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