Mathews v. Kinsell
California Supreme Court
Appeal from the District Court of the Third Judicial District, Alameda County. The defendant recovered judgment in the Court below, and the plaintiff appealed. The other facts are stated in the opinion of the Court. •
1Opinion of the Court
By the Court, Temple, J.:
There having been no motion for a new trial, the only question involved in this appeal is whether the judgment can be sustained upon the findings, express or implied.
The action is to recover damages for an alleged diversion óf water by the defendant, by which the lands of plaintiff were flooded, and one hundred acres washed to such an extent as to be rendered valueless.
The findings show that the parties occupy contiguous tracts of land in Alameda County; that the waters which fall upon the neighboring hills ordinarily collect upon the defendant’s land, and were…
2Cited by10 opinions
- Perry v. QuackenbushCalifornia Supreme Court · 1894
- Murphy v. BennettCalifornia Supreme Court · 1886
- McCarthy v. BrownCalifornia Supreme Court · 1896
- Smith v. MohnCalifornia Supreme Court · 1891
- Chumasero v. VialMontana Supreme Court · 1879
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