City of Santa Cruz v. Enright
California Supreme Court
Appeal from a judgment of the Superior Court of Santa Cruz County, and from an order denying a new trial. The following are the fifth and sixth instructions requested by the defendants and refused by the court: 5. It is a fact admitted in this case that the Santa Cruz Water Company is a corporation organized for the purpose of supplying the city of Santa Cruz and its inhabitants with pure, fresh water, and that said company has acquired, and now holds title to, and the right…
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Appeal from a judgment of the Superior Court of Santa Cruz County, and from an order denying a new trial. The following are the fifth and sixth instructions requested by the defendants and refused by the court: 5. It is a fact admitted in this case that the Santa Cruz Water Company is a corporation organized for the purpose of supplying the city of Santa Cruz and its inhabitants with pure, fresh water, and that said company has acquired, and now holds title to, and the right to divert, the waters of Major’s Creek and both branches of Branciforte Creek, for the purpose of so supplying said…
1Opinion of the CourtPaterson, J.
This is an action to condemn the waters of Laguna Creek, a small stream in Santa Cruz County, for the purpose of supplying the wants of plaintiff and its inhabitants. The defendant Enright is the owner of a tract of land lying below the point of the ■proposed diversion, and bounded on the northwest for about three miles by the creek. The defendant Enright claims that there is neither any authority nor any necessity for the exercise of the power of eminent domain; but that if such authority exist, he is entitled to compensation for the injury he will sustain, not only as a riparian proprietor,…
2Cases cited4 opinions
- Alta Land & Water Co. v. HancockCalifornia Supreme Court · 1890
- People ex rel. Daniels v. HenshawCalifornia Supreme Court · 1888
- Thomason v. AshworthCalifornia Supreme Court · 1887
- Burdge v. SmithCalifornia Supreme Court · 1859
3Cited by15 opinions
- Herminghaus v. Southern California Edison Co.California Supreme Court · 1926
- Simms v. SullivanOregon Supreme Court · 1921
- Rice v. RigleyIdaho Supreme Court · 1900
- Adamson v. County of Los AngelesCalifornia Court of Appeal · 1921
- Carson v. GentnerOregon Supreme Court · 1898
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