Grisby v. Clear Lake Water Works Co.
California Supreme Court
Appeal from the County Court of Late County. On the trial tbe plaintiff proved that there were two dams • erected in Cache Creek under the personal direction of one Orrin Simmons, that the lower one was a permanent structure across tbe stream with projecting timbers with grooves into which planks could be and were frequently slipped so as to raise the water above the permanent and immovable structure, and was higher than the one upon the site of which it was built, and which…
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Appeal from the County Court of Late County. On the trial tbe plaintiff proved that there were two dams • erected in Cache Creek under the personal direction of one Orrin Simmons, that the lower one was a permanent structure across tbe stream with projecting timbers with grooves into which planks could be and were frequently slipped so as to raise the water above the permanent and immovable structure, and was higher than the one upon the site of which it was built, and which it was intended to replace; that the other dam was a structure of timber, brush and dirt, intended to stop the water…
1Opinion of the Court
NUISANCE. — JURISDICTION OF COUNTY COURT. — In an action to abate a nuisance and to recover damages, the County Court has no jurisdiction of the action for damages, except as an incident to its power to abate the nuisance.
IDEM. — If the nuisance had been abated prior to the commencement of the action, the County Court has no jurisdiction for any purpose.
EVIDENCE. — DECLARATION OF AGENT. — The declarations of any agent are not admissible in evidence against his principal, until the fact of his agency is first proven.
PRACTICE ON APPEAL. — STATEMENT MUST SHOW PROOF OF AGENCY. — It will not be…
2Cases cited2 opinions
- Wolcott v. YeagerIndiana Supreme Court · 1858
- Parker v. HotchkissSupreme Court of Connecticut · 1856
3Cited by36 opinions
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Union Mill & Mining Co. v. DangbergU.S. Circuit Court for the District of Nevada · 1897
- Estate of BlakeCalifornia Supreme Court · 1902
- People v. DyeCalifornia Supreme Court · 1888
- Watson v. Colusa-Parrot Mining & Smelting Co.Montana Supreme Court · 1905
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