Maeris v. Bicknell
California Supreme Court
Appeal from the District Court of the Eleventh Judicial District, County of Placer. In the fall of 1851, certain parties, under whom plaintiffs claim, cut a ditch from a certain ravine in Todd’s Valley, called Main Ravine. In the beginning of 1852, other parties, under whom defendants claim, cut two ditches from the same ravine, and above the ditch of plaintiffs.
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Appeal from the District Court of the Eleventh Judicial District, County of Placer. In the fall of 1851, certain parties, under whom plaintiffs claim, cut a ditch from a certain ravine in Todd’s Valley, called Main Ravine. In the beginning of 1852, other parties, under whom defendants claim, cut two ditches from the same ravine, and above the ditch of plaintiffs. This suit was brought to try the right of the parties to the water flowing in the Main Ravine, and to perpetually enjoin defendants from using any of the water, so as to prevent its natural flow to plaintiffs’ ditch. The defendants…
1Opinion of the CourtBurnett, J.
Certain instructions were offered by defendants, which were not given by the Court, but as no exception was taken, we cannot notice the action of the Court in this respect.
The first question that arises, and which is the most important one in this case, is whether diverting the water from its natural channel for the purpose of drainage simply, is such an appropriation of that element as to give the party a right as against others who wish to appropriate the water for useful purposes.
In the case of Kelly & Co. v. The Natoma Water Company, this Court held that “ possession or actual…
2Cited by14 opinions
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- City of San Bernardino v. City of RiversideCalifornia Supreme Court · 1921
- Nev. Cty. & Sacramento Canal Co. v. KiddCalifornia Supreme Court · 1869
- Orange County Water District v. City of RiversideCalifornia Court of Appeal · 1959
- Davis v. GaleCalifornia Supreme Court · 1867
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