Ely v. Ferguson
California Supreme Court
Appeal from a judgment of the Superior Court of Lake County, and from an order denying a new trial. The facts are stated in the opinion.
1Opinion of the Court
Belcher, C.
The plaintiff brought this action to obtain a perpetual injunction restraining the defendant from obstructing the flow of water into a ditch constructed to convey the water to his land, to be there used for domestic and irrigating purposes. The court below granted the injunction as prayed for, and the defendant appeals from the judgment, and an order denying a new trial.
The ditch referred to was constructed in 1862 by one Jamison, and it extended from the land now owned by plaintiff to that now owned by defendant. These two tracts of land were situate in Lake County, and were then…
2Cases cited3 opinions
- De Necochea v. CurtisCalifornia Supreme Court · 1889
- Farmer v. Ukiah Water Co.California Supreme Court · 1880
- Cross v. KittsCalifornia Supreme Court · 1886
3Cited by5 opinions
- Southern Pac. R.R. v. DufourCalifornia Supreme Court · 1892
- Brosnan v. HarrisOregon Supreme Court · 1901
- Williams v. HarterCalifornia Supreme Court · 1898
- De Wolfskill v. SmithCalifornia Court of Appeal · 1907
- Quinlan v. CalvertMontana Supreme Court · 1904