Legal Opinion

Hillman v. Newington

California Supreme Court

Decided July 1, 1880No. 6,492PublishedCited by 26 opinions

Appeal from a judgment for the plaintiff, in the Twenty-first District Court, County of Lassen. Clough, J. The Court found, as a conclusion of law, that the damages and costs should be apportioned equally between the defendants. The judgment on this point was, “ that the costs be apportioned.”

1Opinion of the Court

Sharpstein, J.:

The respondent Hillman brought an action against eight defendants, the appellants herein, and alleged that he was entitled, by virtue of a prior appropriation, to 1,600 inches of the water flowing in á stream known as Willow Creek, and that the appellants diverted the waters of said creek from the natural channel thereof, so as to prevent them from flowing into the plaintiff’s ditches, and thereby deprived him of the water to which he was entitled. He further alleged, that the defendants threatened, and intended unless restrained by an order of the Court, to continue said…

Also in this document: Concurrence.

2Cited by26 opinions

  1. Crawford Co. v. HathawayNebraska Supreme Court · 1903
  2. Miller v. Highland Ditch Co.California Supreme Court · 1891
  3. Montecito Valley Water Co. v. City of Santa BarbaraCalifornia Supreme Court · 1904
  4. Union Mill & Mining Co. v. DangbergU.S. Circuit Court for the District of Nevada · 1897
  5. City of Kansas City v. SlangstromSupreme Court of Kansas · 1894

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