Legal Opinion

Rogers v. Overacker

California Court of Appeal

Decided September 27, 1906No. Civ. No. 263PublishedCited by 5 opinions

APPEAL from a judgment of the Superior Court of Napa County, and from an order denying a new trial. H. C. Gesford, Judge. The facts are stated in the opinion of the court. Mullaney, Grant & Cushing, and P. E. Johnston, for Appellant.

1Opinion of the CourtBuckles, J.

This is a suit in equity to enjoin the defendant from diverting certain waters from Conn creek in Napa county. After a trial had the court made findings and entered judgment therein in favor of the plaintiffs. The defendant appeals from the judgment and from an order denying his motion for a new trial

The complaint alleges that Conn creek has its source in Howell mountain in said Napa county and runs thence in a natural defined channel in a southerly direction until it enters Napa creek near the town of Tountville and flows along or over the lands of both plaintiffs and defendant a distance of…

2Cases cited12 opinions

  1. Bathgate v. IrvineCalifornia Supreme Court · 1899
  2. Alhambra Addition Water Co. v. RichardsonCalifornia Supreme Court · 1887
  3. Hargrave v. CookCalifornia Supreme Court · 1895
  4. Smith v. HawkinsCalifornia Supreme Court · 1898
  5. Barrows v. FoxCalifornia Supreme Court · 1893

7 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. In Re Rights to Use of Waters of Silvies RiverOregon Supreme Court · 1924
  2. Powers v. PerryCalifornia Court of Appeal · 1909
  3. Cowell v. ArmstrongCalifornia Supreme Court · 1930
  4. Omnes v. CrawfordCalifornia Supreme Court · 1927
  5. Arkoosh v. Big Wood Canal Co.Idaho Supreme Court · 1929

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