Ogburn v. Connor
California Supreme Court
Appeal from the District Court Sixth Judicial District, County of Yolo. The findings were filed in vacation, on the 14th day of June, 1872, and additional findings were filed on the 24th of June, 1872. The record is silent as to whether any exceptions were taken to the findings. The judgment was rendered on the 14th day of June, when the findings were filed. The defendant recovered judgment in the Court below, and the plaintiff appealed.
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Appeal from the District Court Sixth Judicial District, County of Yolo. The findings were filed in vacation, on the 14th day of June, 1872, and additional findings were filed on the 24th of June, 1872. The record is silent as to whether any exceptions were taken to the findings. The judgment was rendered on the 14th day of June, when the findings were filed. The defendant recovered judgment in the Court below, and the plaintiff appealed. The other facts are stated in the opinion.
1Opinion of the Court
By the Court, Belcher, J.:
The plaintiff was the owner of a farm adjoining and lying directly north of a farm owned by the defendant. A portion of the defendant’s land was lower than the land of the plaintiff, and had extending through it a natural depression. There was no stream or watercourse upon the plaintiff’s *350land, but the surface water, falling upon it in times of heavy rains, and flowing upon it from other adjoining and still higher lands, was accustomed, before its flow was obstructed by the defendant, to pass off through the depression named over the land of the defendant into a…
2Cases cited5 opinions
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- Bellows v. SackettNew York Supreme Court · 1853
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- Lattimore v. DavisSupreme Court of Louisiana · 1839
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- Locklin v. City of LafayetteCalifornia Supreme Court · 1994
- Nininger v. NorwoodSupreme Court of Alabama · 1882
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