Legal Opinion

Allen v. San José Land & Water Co.

California Supreme Court

Decided November 29, 1891No. 14098PublishedCited by 40 opinions

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

  1. Gregory v. NelsonCalifornia Supreme Court · 1871

3Cited by40 opinions

  1. Winslow v. City of VallejoCalifornia Supreme Court · 1906
  2. Hannah v. PogueCalifornia Supreme Court · 1944
  3. Big Cottonwood Tanner Ditch Co. v. MoyleUtah Supreme Court · 1946
  4. Faus v. City of Los AngelesCalifornia Supreme Court · 1967
  5. Coulsen v. Aberdeen-Springfield Canal Co.Idaho Supreme Court · 1929

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