Legal Opinion

Lakeside Ditch Co. v. Crane

California Supreme Court

Decided August 5, 1889No. 12296PublishedCited by 31 opinions

Appeal from a judgment of the Superior Court of Tulare County, and from an order denying a new trial. The facts are stated in the opinion of the court.

1Opinion of the CourtPaterson, J.

This is an action between rival appropriates to determine who has the superior right to divert water from Cross Creek, a natural watercourse, flowing through Tulare County. Plaintiff claims that the defendants have no right to any water until its ditch has been first supplied to its full capacity, and the court so decided.

*183The findings of the court are in several respects quite uncertain. It is found that on the first day of May, 1874, plaintiff took out and diverted through its ditch, under a claim of right, openly and adversely to the whole world, water “sufficient to fill its ditch, which…

2Cases cited2 opinions

  1. Hanson v. McCueCalifornia Supreme Court · 1871
  2. Oroville & Va. R.R. v. Supervisors of Plumas Cty.California Supreme Court · 1869

3Cited by31 opinions

  1. Vallejo & Northern R.R. v. Reed Orchard Co.California Supreme Court · 1915
  2. Miller & Lux Inc. v. Enter. Canal & Land Co.California Supreme Court · 1915
  3. Montecito Valley Water Co. v. City of Santa BarbaraCalifornia Supreme Court · 1904
  4. Pabst v. FinmandCalifornia Supreme Court · 1922
  5. Rank v. (Krug) United StatesDistrict Court, S.D. California · 1956

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