Legal Opinion

St. Helena Water Co. v. Forbes

California Supreme Court

Decided November 23, 1882No. 6,582PublishedCited by 28 opinions

Appeal by the defendant from a judgment in bis favor, and from an order denying a new trial, in the Seventh District Court of the County of Napa. Wallace, J.

1Opinion of the Court

Ross, J.:

The plaintiff is a corporation organized under the laws of this State, for the purpose of supplying the inhabitants of the town of St. Helena with fresh water. The defendant is the owner of a tract of land through which run the waters of a certain creek called Hudson or York Creek.

The purpose of the present proceeding on the part of the plaintiff is to condemn the waters of the creek for the purpose of supplying the inhabitants of the town with water; and the principal question in the case is, whether or not, under the laws of this State, the right of a private individual to enjoy…

2Cases cited1 opinion

  1. Owen v. FieldMassachusetts Supreme Judicial Court · 1869

3Cited by28 opinions

  1. Lux v. HagginCalifornia Supreme Court · 1886
  2. Smith v. DenniffMontana Supreme Court · 1900
  3. Lux v. HagginCalifornia Supreme Court · 1886
  4. Bigelow v. DraperNorth Dakota Supreme Court · 1896
  5. Prentice v. McKayMontana Supreme Court · 1909

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