Weaver v. Eureka Lake Co.
California Supreme Court
Appeal from the Fourteenth District. To the facts stated in the opinion of the Court, it may he well to add, that defendant showed that one Sisson placed a notice at the outlet of the main lake, about July, 1853, claiming the water of the lakes. These notices were signed “ Sisson & Co.” and were placed at different points. Sisson never took any steps toward the construction of a ditch, or the appropriation of the water: made no survey and placed no stakes.
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Appeal from the Fourteenth District. To the facts stated in the opinion of the Court, it may he well to add, that defendant showed that one Sisson placed a notice at the outlet of the main lake, about July, 1853, claiming the water of the lakes. These notices were signed “ Sisson & Co.” and were placed at different points. Sisson never took any steps toward the construction of a ditch, or the appropriation of the water: made no survey and placed no stakes. Sisson made one Reed an equal partner and owner with himself, and in June, 1854, sold his share, one-half to Irwin, one of the…
1Opinion of the CourtCope, J.
Field, C. J. and Baldwin, J. concurring.
This is an action to recover damages for damming up and diverting the water of certain lakes in Nevada county. The complaint is in the usual form in such cases, alleging a right by appropriation in the plaintiffs, and an improper interference with that right by the defendants. The averments of the complaint are controverted by the answer, and a prior and superior right asserted in the defendants. It can hardly be expected that we will undertake the task of a critical examination of the testimony for the purpose of determining whether, upon the weight of…
2Cited by10 opinions
- City & County of Denver v. Northern Colorado Water Conservancy DistrictSupreme Court of Colorado · 1955
- Union Mill & Mining Co. v. DangbergU.S. Circuit Court for the District of Nevada · 1897
- Woodruff v. North Bloomfield Gravel Mining Co.United States Circuit Court · 1884
- American Smelting & Refining Co. v. GodfreyCourt of Appeals for the Eighth Circuit · 1907
- Hewitt v. StoryCourt of Appeals for the Ninth Circuit · 1894
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