Legal Opinion

Hanson v. McCue

California Supreme Court

Decided October 15, 1871No. 2,578PublishedCited by 46 opinions

Appeal from the District Court of the Seventh Judicial District, Marin County. The facts are stated in the opinion of the Court. The spring therein referred to is situated on the hillside north of the Town of San Eafael, and is usually known as the San Eafael or Dixon Spring. The defendant appealed.

1Opinion of the Court

By the Court, Wallace, J.:

This is an action brought by Hanson to restrain the defendant McCue from prosecuting the work of digging a tunnel on the lands of the latter, having for its object the obtaining of water for the purpose of selling the same in the neighboring Town of San Rafael as an article of commerce. A perpetual injunction was decreed, and a motion for a new trial being denied, the case comes here upon appeal.

The defendant McCue is the owner in fee and in possession of certain premises situated in or near the Town of San Rafael, in Marin County, upon which there is a spring of…

2Cited by46 opinions

  1. Lux v. HagginCalifornia Supreme Court · 1886
  2. Katz v. WalkinshawCalifornia Supreme Court · 1903
  3. Clarke v. ClarkeCalifornia Supreme Court · 1901
  4. Frink v. RoeCalifornia Supreme Court · 1886
  5. Lux v. HagginCalifornia Supreme Court · 1886

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