Legal Opinion

Charnock v. Higuerra

California Supreme Court

Decided March 10, 1896No. L. A. No. 76PublishedCited by 23 opinions

Appeal from a judgment of the Superior Court of Los Angeles County and from an order denying a new trial. Lucien Shaw, Judge. The facts are stated in the opinion of the court

1Opinion of the CourtVan Fleet, J.

This is an action brought by several riparian proprietors against certain persons above them on the stream, to restrain them from diverting any of the waters of the stream.

*475The complaint alleges that the plaintiffs are riparian proprietors, and as such entitled to all the waters of the stream; that the defendants are not entitled to use any of the water for any purpose; and that they, by means of certain machinery, artificially and wrongfully raise and divert from the stream a large amount of the waters thereof, for the purpose of irrigating certain lands not of right irrigable from the…

2Cases cited1 opinion

  1. Lux v. HagginCalifornia Supreme Court · 1886

3Cited by23 opinions

  1. Miller & Lux Inc. v. Enter. Canal & Land Co.California Supreme Court · 1915
  2. Rank v. (Krug) United StatesDistrict Court, S.D. California · 1956
  3. Fall River Valley Irrigation District v. Mt. Shasta Power Corp.California Supreme Court · 1927
  4. Siskiyou County Farm Bureau v. Department of Fish & WildlifeCalifornia Court of Appeal · 2015
  5. Jones v. ConnOregon Supreme Court · 1901

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