Wilmington Canal & Reservoir Co. v. Dominguez
California Supreme Court
Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles. The plaintiff was a corporation formed for the purpose of excavating a canal from the San Gabriel River to Wilmington, and also for the purpose of building a reservoir to hold water. The proposed object was to supply farmers with water for purposes of irrigation, and to supply the people with pure water, and to supply water for manufacturing purposes.
Read the full summary
Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles. The plaintiff was a corporation formed for the purpose of excavating a canal from the San Gabriel River to Wilmington, and also for the purpose of building a reservoir to hold water. The proposed object was to supply farmers with water for purposes of irrigation, and to supply the people with pure water, and to supply water for manufacturing purposes. The company also proposed to construct reservoirs to hold water, and to transport freight and passengers on the canal. The verdict of the jury was rendered…
1Opinion of the Court
By the Court:
By the second subdivision of section 1241 of the Code of Civil Procedure, it is provided in effect that before private property can be taken for a public use it must appear " that the taking is necessary for such use.”
That question was submitted to a jury, who found that at the time of the commencement of this action it was not necessary to take the land sought to be> taken by the plaintiff for the purposes stated in the complaint. The court disregarded the verdict, and found as a fact that it was necessary to take part of the land.
Section 1256 of the Code of Civil Procedure is…
2Cited by8 opinions
- In Re HermanCalifornia Supreme Court · 1920
- Zigler v. MengesIndiana Supreme Court · 1889
- Minnesota Canal & Power Co. v. Fall Lake Boom Co.Supreme Court of Minnesota · 1894
- Truckee River General Electric Co. v. DurhamNevada Supreme Court · 1915
- Cummings v. PetersCalifornia Supreme Court · 1880
3 more not listed; retrieve them via the Exa API.