Silvey v. Neary
California Supreme Court
Appeal from a judgment for the defendants, and from an order denying a new trial in the Twentieth District Court, County of Santa Clara. Belden, J. Petition for hearing in Bank was filed in this case after judgment, and denied.
1Opinion of the Court
McKee, J.:
This cause arises out of an action to abate an embankment in a watercourse, and to recover damages for injuries caused thereby. The Court below found for the defendant, and from the judgment in his favor the plaintiff appeals, upon the ground that the findings of the Court are not only not sustained by the evidence, but are directly opposed to the evidential facts of the case. It is alleged in the complaint that “ on the 4th day of January, 1876, there run and flowed, and has ever since run and flowed, and still runs and flows, a watercourse, or stream of water, through, over, and…
2Cases cited1 opinion
- Burnett v. StearnsCalifornia Supreme Court · 1867
3Cited by8 opinions
- Wilson v. HawthorneSupreme Court of Colorado · 1890
- Ortega v. CorderoCalifornia Supreme Court · 1891
- Thayer v. TylerCalifornia Supreme Court · 1915
- White v. DouglassCalifornia Supreme Court · 1886
- Benton v. BentonCalifornia Supreme Court · 1898
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