Legal Opinion

Miners' Ditch Co. v. Zellerbach

California Supreme Court

Decided July 1, 1869PublishedCited by 83 opinions

Appeal from the District Court, Fourteenth Judicial District, Nevada County. This was an action to recover possession of the Miners’ Ditch, the Doorman’s Ditch, the extension of the Doorman’s Ditch, the Grizzly Ditch and its branches, the undivided two fifths of the Eureka Lake Water Company’s Ditch, the undivided two fifths of the Gray Diggings Mining Claims, the undivided two fifths of the Lewis Mining Claims, the undivided two fifths of the Isembeek & Co.’s Mining Claims,…

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Appeal from the District Court, Fourteenth Judicial District, Nevada County. This was an action to recover possession of the Miners’ Ditch, the Doorman’s Ditch, the extension of the Doorman’s Ditch, the Grizzly Ditch and its branches, the undivided two fifths of the Eureka Lake Water Company’s Ditch, the undivided two fifths of the Gray Diggings Mining Claims, the undivided two fifths of the Lewis Mining Claims, the undivided two fifths of the Isembeek & Co.’s Mining Claims, the undivided two fifths of the Eureka Lake Water Company’s saw mill, and the laud whereon the same stands, together…

1Opinion of the Court

By the Court, Sawyer, C. J.:

The Miners’ Ditch Company, plaintiff in this action, has been since 1859 a corporation under the laws of California, “its object being the building and maintaining of water ditches, and the sale of water in said Nevada County.” In May, 1859, said corporation owned the property in controversy, consisting of the “Miners’ Ditch,” the “Boorman’s Ditch,” and the “ Grizzly Ditches.” At that time there was another *571similar corporation, owning similar property, in the same vicinity, called “ The Eureka Lake Company,” both supplying the same market. The property and business…

2Cases cited3 opinions

  1. Abbot v. American Hard Rubber Co.New York Supreme Court · 1861
  2. Lovett v. Steam Saw Mill Ass'nNew York Court of Chancery · 1836
  3. Conro v. Port Henry Iron Co.New York Supreme Court · 1851

3Cited by83 opinions

  1. City of S. Pasadena v. Pasadena Land & Water Co.California Supreme Court · 1908
  2. Sime v. MaloufCalifornia Court of Appeal · 1949
  3. Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
  4. Thayer v. California Development Co.California Supreme Court · 1912
  5. Westerlund v. Black Bear Mining Co.Court of Appeals for the Eighth Circuit · 1913

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