Hill v. King
California Supreme Court
Appeal from the District Court of the Eleventh Judicial District, County of Placer. The plaintiffs in this case were the owners of two water-ditches, leading the waters of Indian Canon to various mining localities, that were constructed in 1852. In 1855, the defendants took possession of certain mining-claims on Indian Canon, at a point about one mile above plaintiff’s dam, and commenced working them, by the sluicing process, and in so doing, washed down large quantities of…
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Appeal from the District Court of the Eleventh Judicial District, County of Placer. The plaintiffs in this case were the owners of two water-ditches, leading the waters of Indian Canon to various mining localities, that were constructed in 1852. In 1855, the defendants took possession of certain mining-claims on Indian Canon, at a point about one mile above plaintiff’s dam, and commenced working them, by the sluicing process, and in so doing, washed down large quantities of mud, gravel, and sediment, into the bed of the canon, which sediment, etc., was carried into plaintiff’s ditches by the…
1Opinion of the Court
At the July Term, Murray, C. J., delivered the opinion of the Court—Burnett, J., concurring.
The only question involved in this case, is, whether the proprietors of a water-ditch can maintain an action against the subsequent locators of mining-claims for a deterioration or diminution of wafer so appropriated.
It has been repeatedly held by this Court, that as against those locating below the head of a ditch or point where the water is diverted from the stream, the owners of such ditch, if their appropriation of the water was prior to the location of mining or other claims had a superior right,…
2Cited by13 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Thayer v. California Development Co.California Supreme Court · 1912
- City of San Bernardino v. City of RiversideCalifornia Supreme Court · 1921
- Lux v. HagginCalifornia Supreme Court · 1886
- De Necochea v. CurtisCalifornia Supreme Court · 1889
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