Reynolds v. Hosmer
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. A corporation called the “South Fork Canal Company ” constructed a ditch and flume for the purpose of carrying the waters of the South Fork of the American River from a high point among the spurs of the Sierra Hevada Mountains to the summit of the hills and high mining grounds surrounding the Town of Placerville, El Dorado County.
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Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. A corporation called the “South Fork Canal Company ” constructed a ditch and flume for the purpose of carrying the waters of the South Fork of the American River from a high point among the spurs of the Sierra Hevada Mountains to the summit of the hills and high mining grounds surrounding the Town of Placerville, El Dorado County. On the 12th day of June, 1854, George Gordon commenced a suit in equity in the District Court of the United States for the Northern District of California, against…
1Opinion of the Court
By the Court, Belcher, J.:
This is an action to recover damages. The defendant demurred and answered to the complaint. The demurrer was overruled and after trial the plaintiffs recovered judgment, from which the defendant has appealed. The points made relate to the sufficiency of the complaint.
It is insisted that the complaint is insufficient because it does not allege the existence of the property for the loss of which the plaintiffs claim damages.
It is alleged that the South Fork Canal Company was • organized for the purpose of carrying water, by means of a canal and flume to be constructed…
2Cases cited5 opinions
- The BANK OF THE UNITED STATES v. the Bank of WashingtonSupreme Court of the United States · 1832
- McJilton v. LoveIllinois Supreme Court · 1851
- Reynolds v. HarrisCalifornia Supreme Court · 1860
- Johnson v. LampingCalifornia Supreme Court · 1867
- Dunning v. HumphreyNew York Supreme Court · 1840
3Cited by24 opinions
- Cowdery v. London Etc. BankCalifornia Supreme Court · 1903
- Schmidt v. Oregon Gold Mining Co.Oregon Supreme Court · 1895
- Ward v. ClayCalifornia Supreme Court · 1890
- Thompson v. ReasonerIndiana Supreme Court · 1890
- Porter v. SmallOregon Supreme Court · 1912
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