Niegel v. Georgetown Divide Water Co.

Plaintiffs by their complaint sought injunctive relief and damages against defendant for the alleged negligent maintenance of a ditch, a portion of which crosses plaintiffs’ land. Defendant, a public utility, supplying water for public purposes in the vicinity of Georgetown, El Dorado County, answered, admitting the ownership and maintenance of said ditch under rights acquired by its predecessors in interest between the years 1850 and 1870, prior to the time of issuance of the patent from the United States for the land now occupied by plaintiffs, and denied any negligence whatever in the…