Yankee Jim's Union Water Co. v. Crary
California Supreme Court
Appeal from the District Court, Eleventh Judicial District, Placer County. The defendant’s ditch was excavated on the side of the mountain above plaintiff’s ditches, and took the water from the same stream at a point about three fourths of a mile above plaintiff’s ditches. The defendant used the water for working his claim, and then allowed it to- flow into plaintiff’s ditches down another ravine about a mile distant from the one where it was diverted.
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Appeal from the District Court, Eleventh Judicial District, Placer County. The defendant’s ditch was excavated on the side of the mountain above plaintiff’s ditches, and took the water from the same stream at a point about three fourths of a mile above plaintiff’s ditches. The defendant used the water for working his claim, and then allowed it to- flow into plaintiff’s ditches down another ravine about a mile distant from the one where it was diverted. Defendant recovered judgment and plaintiff appealed. The first instruction, given at defendant’s request, was as follows: “ If the defendant…
1Opinion of the Court
By the Court, Rhodes, J.
The plaintiff is the owner of two water ditches, constructed for mining purposes, which conduct the water from a canon, and the defendant owns a third ditch which heads in the same canon, above the plaintiff’s ditches. The plaintiff claims the right to the water, on the ground of a prior appropriation and a continuous user down to a time subsequent to May, 1861, when, it is alleged, the defendant diverted the water into his ditch. The object of the action is to recover damages for diverting the water, and to enjoin the defendant from the further diversion of it from…
Also in this document: Concurrence.
2Cases cited3 opinions
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Van Steenburgh v. TobiasNew York Supreme Court · 1837
- Hammond v. ZehnerNew York Supreme Court · 1856
3Cited by35 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- City of Pasadena v. City of AlhambraCalifornia Supreme Court · 1949
- Kerr v. LunsfordWest Virginia Supreme Court · 1888
- Alta Land & Water Co. v. HancockCalifornia Supreme Court · 1890
- Lux v. HagginCalifornia Supreme Court · 1886
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