Parsons v. Tuolumne Co. Water Co.
California Supreme Court
Appeal from the County Court, Tuolumne County. This was an action brought for the recovery of damages to plaintiff’s land, sustained by reason of the overflow of defendants’ canal. Defendants moved to dismiss the cause for want of jurisdiction, the Court •overruled the motion, and defendants assigned error.
1Opinion of the CourtHeydenfeldt, J.
Murray, C. J., concurred.
The Constitution permits the Legislature to confer on the County Court jurisdiction in “special cases,” and it is now necessary to consider what was meant by the term special cases. If there is no limit to it, then, the Legislature is unrestrained from giving to that Court all the original powers of the other Courts. In Hudson v. Caulfield, and *44in Reed’s heirs v. McCormick, we examined this proposition, and came to the conclusion that each branch of the judicial department liad its functions assigned by the Constitution, and was beyond the control of .either of the…
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