Peake v. Harris
California Court of Appeal
APPEAL from a judgment of the Superior Court of Tehama County. John F. Ellison, Judge. Reversed in part; affirmed in part. The facts are stated in the opinion of .the court. •
1Opinion of the CourtHart, J.
The plaintiff seeks injunctive relief and damages against the defendants for the alleged wrongful interference with a water right to which plaintiff claims to be entitled and for damage already sustained by the plaintiff by reason of such interference.
The dispute between the parties arises over the right to the use of the waters of North Elder Creek, in Tehama County. Said creek has its source in township 25 north, range 8 west, Mount Diablo base and meridian, and flows across defendants’ land in section 21 to the lands of plaintiff in section 20. Plaintiff claims through an appropriation,…
2Cases cited8 opinions
- Mullally v. TownsendCalifornia Supreme Court · 1897
- Hoyt v. HartCalifornia Supreme Court · 1906
- Doll v. GoodCalifornia Supreme Court · 1869
- Hufford v. DyeCalifornia Supreme Court · 1912
- Schmidt v. KlotzCalifornia Supreme Court · 1900
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3Cited by8 opinions
- Rancho Santa Margarita v. VailCalifornia Supreme Court · 1938
- Pabst v. FinmandCalifornia Supreme Court · 1922
- Rank v. (Krug) United StatesDistrict Court, S.D. California · 1956
- Fullerton v. State Water Resources Control BoardCalifornia Court of Appeal · 1979
- Oliver v. RobnettCalifornia Supreme Court · 1922
3 more not listed; retrieve them via the Exa API.