Burris v. People's Ditch Co.
California Supreme Court
Appeal from a judgment of the Superior Court of Tulare County. The facts are stated in the opinion. The extent of a servitude is determined by the terms of the grant or the nature of the enjoyment by which it was acquired. (Civ. Code, sec. 806; Angelí on Watercourses, 7th ed., sec. 224.) An easement like the one in question cannot he enlarged, varied, or changed without the consent of the person whose property is affected by the easement.
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Appeal from a judgment of the Superior Court of Tulare County. The facts are stated in the opinion. The extent of a servitude is determined by the terms of the grant or the nature of the enjoyment by which it was acquired. (Civ. Code, sec. 806; Angelí on Watercourses, 7th ed., sec. 224.) An easement like the one in question cannot he enlarged, varied, or changed without the consent of the person whose property is affected by the easement. (Angelí on Watercourses, 7th ed., sec. 224; Cotton v. Pocasset Mfg. Co., 13 Met. 429; Davenport v. Lamson, 21 Pick. 72; Tot el v. Bonnefoy, 123 Ill. 653; 5…
1Opinion of the Court
HayNES, C.
The defendant is the owner of a canal or ditch used to convey water from Kings river for the *251purpose of irrigation. This ditch was constructed in 1875, is about twenty miles long, and in its course crosses two sections of land owned by the plaintiff.
The complaint charges that in December, 1887, the defendant widened and deepened the ditch upon plaintiff’s lands, and prays for a mandatory injunction to compel the defendant to restore the ditch to its former condition.
The defendant answered, and the issues were tried by the court, and upon the findings made judgment was entered for…
2Cases cited4 opinions
- Allen v. San José Land & Water Co.California Supreme Court · 1891
- Goddard v. FultonCalifornia Supreme Court · 1863
- Robinson v. MerrillCalifornia Supreme Court · 1890
- Way v. OglesbyCalifornia Supreme Court · 1873
3Cited by28 opinions
- San Jacinto Sand Co. v. Southwestern Bell Telephone Co.Court of Appeals of Texas · 1968
- Simoneau v. Pacific Electric Ry. Co.California Supreme Court · 1911
- Pacific Gas & Electric Co. v. Crockett Land & Cattle Co.California Court of Appeal · 1924
- North Fork Water Co. v. EdwardsCalifornia Supreme Court · 1898
- Vestal v. YoungCalifornia Supreme Court · 1905
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