Forrester v. Scott
California Supreme Court
Appeal from a judgment of the Superior Court of San Bernardino County, and from an order denying a new trial. The facts are stated in the opinion.
1Opinion of the Court
Vanclief, C.
It is alleged in the complaint in this action that in May, 1886, the defendant wrongfully excavated a water-ditch upon and across the east half of the east half of section 19, township 1 north, range 5 west, San Bernardino base and meridian, then and now the property of the plaintiffs. The prayer of the complaint is, that defendant be enjoined perpetually from maintaining or using the ditch upon the land described, and that the ditch be abated, etc. Judgment passed for the defendant, and plaintiffs appeal from the judgment, and from an order denying their motion for a new trial.
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2Cases cited2 opinions
- Rutherford v. Greene's HeirsSupreme Court of the United States · 1817
- McLaughlin v. MenottiCalifornia Supreme Court · 1891
3Cited by4 opinions
- Jatunn v. SmithCalifornia Supreme Court · 1892
- King v. SamuelCalifornia Court of Appeal · 1907
- People's Water Co. v. LewisCalifornia Court of Appeal · 1912
- Charlton v. Southern Pacific R. Co.California Supreme Court · 1893