Hale v. McLea
California Supreme Court
Appeal from the District Court of the Twentieth Judicial District, County of Santa Clara. The complaint alleged that for more than seven years the plaintiff had been the owner and in possession of a tract of land situated in Santa Clara County, State of California, now known as Hale’s Branch; that the westerly line of the ranch crosses a high, narrow ridge of land, and just inside the line on the land and on the ridge there had always been, up to October 30th, 1875, a…
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Appeal from the District Court of the Twentieth Judicial District, County of Santa Clara. The complaint alleged that for more than seven years the plaintiff had been the owner and in possession of a tract of land situated in Santa Clara County, State of California, now known as Hale’s Branch; that the westerly line of the ranch crosses a high, narrow ridge of land, and just inside the line on the land and on the ridge there had always been, up to October 30th, 1875, a living, flowing, natural spring of water; that the waters that flowed therefrom had always, continuously up to said Octber…
1Opinion of the Court
By the Court, Crockett, J.:
An examination of the English and American decisions on . the questions of law involved in this appeal leads us to the conclusion that, on the facts admitted by the pleadings or found *584by the Court, the right of the defendant as against the plaintiff to use the water of the subterranean stream, which is -the subject of the action, is at most no greater than if it was a surface stream, on which the defendant was the upper and the plaintiff a lower riparian owner. Tested by this rule, the utmost- that can be claimed for the defendant on the facts is, that he is…
2Cited by9 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Katz v. WalkinshawCalifornia Supreme Court · 1903
- Lux v. HagginCalifornia Supreme Court · 1886
- Clinchfield Coal Corp. v. ComptonSupreme Court of Virginia · 1927
- McClintock v. HudsonCalifornia Supreme Court · 1903
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