Rogers v. Overacker
California Court of Appeal
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
- Bathgate v. IrvineCalifornia Supreme Court · 1899
- Alhambra Addition Water Co. v. RichardsonCalifornia Supreme Court · 1887
- Hargrave v. CookCalifornia Supreme Court · 1895
- Smith v. HawkinsCalifornia Supreme Court · 1898
- Barrows v. FoxCalifornia Supreme Court · 1893
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3Cited by5 opinions
- In Re Rights to Use of Waters of Silvies RiverOregon Supreme Court · 1924
- Powers v. PerryCalifornia Court of Appeal · 1909
- Cowell v. ArmstrongCalifornia Supreme Court · 1930
- Omnes v. CrawfordCalifornia Supreme Court · 1927
- Arkoosh v. Big Wood Canal Co.Idaho Supreme Court · 1929