Humphreys v. McCall
California Supreme Court
Appeal from the District Court of the Fifth Judicial District. Tbis was an action to recover damages for the diversion of water from the ditch of plaintiffs, and to enjoin defendants from the continuation thereof.
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Appeal from the District Court of the Fifth Judicial District. Tbis was an action to recover damages for the diversion of water from the ditch of plaintiffs, and to enjoin defendants from the continuation thereof. The facts of the ease are as follows : Plaintiffs allege that they are entitled to the waters of San Antonio Creek, to the extent of one hundred and eighty cubic inches, by virtue 'of the construction of a dam across said creek, and a ditch, known as the Georgia Ditch, for the purpose of the diversion of its waters, for mining purposes. Said dam and ditch were constructed, about the…
1Opinion of the CourtBurnett, J.
This was an action to recover damages for the diversion of water from the ditch of plaintiffs, and to enjoin defendants from continuing the nuisance. The plaintiffs had judgment in the Court below, and the defendants appealed.
1. The first error assigned by defendants is, that the Court below erred in overruling defendants’ motion for a nonsuit. This objection we think not well taken. The evidence was sufficient to go to a jury.
2. The second error assigned is, that the Court erred in permitting parol evide ,ce of the contents of the deed from Cooper to plaintiffs’ imm- ate grantors, without…
2Cited by20 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Lux v. HagginCalifornia Supreme Court · 1886
- Davanay v. EggenhoffCalifornia Supreme Court · 1872
- Knight v. HamakarOregon Supreme Court · 1901
- Hanna v. BarkerSupreme Court of Colorado · 1882
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