Davis v. Afong
Hawaii Supreme Court
Appeal prom Water Commissioners. Commissioners of Private Ways and Water Rights are not authorized to award damages for wrongful diversion of water ; but they have authority to make such orders as may be legitimate and necessary to the effectual enforcement of their judgment. They have authority to direct the removal of dams and other obstructions of water courses. On appeals from the decision of the Commissioners, new evidence may be introduced.
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Appeal prom Water Commissioners. Commissioners of Private Ways and Water Rights are not authorized to award damages for wrongful diversion of water ; but they have authority to make such orders as may be legitimate and necessary to the effectual enforcement of their judgment. They have authority to direct the removal of dams and other obstructions of water courses. On appeals from the decision of the Commissioners, new evidence may be introduced. Such new evidence is not confined to newly-discovered evidence, nor to the evidene of fresh witnesses. By the ruies of ancient Hawaiian agriculture,…
1Opinion of the Court
Opinion op the Court, by
Judd, C. J.
This is a case appealed from the Commissioners of Private Ways and Water Rights of the District of Waialua, Oahu.
Counsel for the defendant moved to dismiss the appeal for want of jurisdiction in the Commissioners upon the case stated by the record and the judgment thereon. The Court overruled the motion upon the following considerations:
By the record it appears that the defendant was duly sum*217moned before the Commissioners “to answer to the demand or complaint «Koi,’ of J. O. Davis and other plaintiffs named, that the said Afong had wrongfully taken the water…
2Cases cited2 opinions
- Bliss v. . GreeleyNew York Court of Appeals · 1871
- Waffle v. New York Central RailroadNew York Supreme Court · 1870
3Cited by13 opinions
- In Re Water Use Permit ApplicationsHawaii Supreme Court · 2000
- In Re the Contested Case Hearing on Water Use, Well Construction, & Pump Installation Permit Applications, Filed by Wai'ola O Moloka'i, Inc.Hawaii Supreme Court · 2004
- Lonoaea v. Wailuku Sugar Co.Hawaii Supreme Court · 1895
- Reppun v. Board of Water SupplyHawaii Supreme Court · 1982
- Wong Leong v. IrwinHawaii Supreme Court · 1896
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