Allen v. San José Land & Water Co.
California Supreme Court
Appeal from a judgment of the Superior Court . of Los Angeles County, and from an order denying a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtGaroutte, J.
This is an appeal from a judgment upon the pleadings.
The only material facts alleged in the complaint, and not denied by the answer, are: 1. The ownership of the *139land; 2. The defendants have placed pipe upon plaintiffs’ land preparatory to laying the same permanently in a ditch across said land.
Defendants’ answer alleges that “it is the owner of a certain ditch across plaintiffs’ land used for the purpose of carrying water to its (defendants’) land for the purpose of irrigation; that the pipes to be laid are of no greater carrying capacity than its said ditch, and when so laid by defendants,…
2Cases cited1 opinion
- Gregory v. NelsonCalifornia Supreme Court · 1871
3Cited by40 opinions
- Winslow v. City of VallejoCalifornia Supreme Court · 1906
- Hannah v. PogueCalifornia Supreme Court · 1944
- Big Cottonwood Tanner Ditch Co. v. MoyleUtah Supreme Court · 1946
- Faus v. City of Los AngelesCalifornia Supreme Court · 1967
- Coulsen v. Aberdeen-Springfield Canal Co.Idaho Supreme Court · 1929
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