Davis v. Gale
California Supreme Court
Appeal from the District Court, Fifth Judicial District, Tuolumne County. This action was commenced in October, 1864. In 1852 the Tuolumne Water Company excavated a ditch from the Tuolumne Eiver and Five Mile Creek. This company had a surplus of water which it turned into Mormon Creek above the heads of plaintiffs’ and defendant’s ditches, until the summer of 1864, when it was able to use it all by an extension of its ditch.
Read the full summary
Appeal from the District Court, Fifth Judicial District, Tuolumne County. This action was commenced in October, 1864. In 1852 the Tuolumne Water Company excavated a ditch from the Tuolumne Eiver and Five Mile Creek. This company had a surplus of water which it turned into Mormon Creek above the heads of plaintiffs’ and defendant’s ditches, until the summer of 1864, when it was able to use it all by an extension of its ditch. There was a company of miners at work in the bed of Mormon Creek below head of defendant’s and above the head of plaintiffs’ ditch, who claimed the right to have water…
1Opinion of the Court
By the Court, Sanderson, J.:
Action to restrain the defendant from diverting the waters of Mormon Creek, in Tuolumne County, to the prejudice of the plaintiffs’ prior rights, and for damages already sustained. The case was tried with a jury in the Court below, and a general verdict in favor of the plaintiffs was rendered. Under the direction of the Court, the jury also rendered a special verdict, in view of which it was claimed by the defendant that the judgment should go with him. The Court held otherwise, and rendered a judgment for the plaintiffs for the amount of damages found.by the jury,…
2Cases cited3 opinions
- Yankee Jim's Union Water Co. v. CraryCalifornia Supreme Court · 1864
- Maeris v. BicknellCalifornia Supreme Court · 1857
- McKinney v. SmithCalifornia Supreme Court · 1863
3Cited by37 opinions
- City of Pasadena v. City of AlhambraCalifornia Supreme Court · 1949
- City of San Bernardino v. City of RiversideCalifornia Supreme Court · 1921
- Union Mill & Mining Co. v. DangbergU.S. Circuit Court for the District of Nevada · 1897
- New Mercer Ditch Co. v. ArmstrongSupreme Court of Colorado · 1895
- Jones v. Van BochoveMichigan Supreme Court · 1894
32 more not listed; retrieve them via the Exa API.