Heilbron v. Kings River and Fresno Canal Co.
California Supreme Court
Appeal from a judgment of the Superior Court of Tulare County, and from an order refusing a new trial. The action was brought to recover damages caused to plaintiffs’ lands by reason of the acts of the defendant in diverting the waters of a natural watercourse called Kings River, and also to obtain a perpetual injunction restraining defendant from diverting the water, or in any manner obstructing or interfering with its free flow in the channel of the stream to plaintiffs’…
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Appeal from a judgment of the Superior Court of Tulare County, and from an order refusing a new trial. The action was brought to recover damages caused to plaintiffs’ lands by reason of the acts of the defendant in diverting the waters of a natural watercourse called Kings River, and also to obtain a perpetual injunction restraining defendant from diverting the water, or in any manner obstructing or interfering with its free flow in the channel of the stream to plaintiffs’ lands. The amended complaint shows that plaintiffs are, and they and their grantors for more than five years prior to the…
1Opinion of the Court
The Court.
—Many of the question involved in this appeal have recently been determined adversely to the contentions of appellate herein. It is therefore unnecessary to notice them further. (Heilbron v. Fowler Switch Canal Co., 75 Cal. 426; Heilbron v. Last Chance Water Ditch Co., 75 Cal. 117; Heilbron v. Centerville and Kingsburg Irrigation Ditch Co., ante, p. 8.)
1. The defendant’s motion for leave to file an amended answer was addressed to the sound discretion of the court, and it appears from the affidavit filed in support of the motion that the matters set out in the amended answer were not…
2Cases cited4 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Heilbron v. FowLer Switch Canal Co.California Supreme Court · 1888
- Heilbron v. Last Chance Water Ditch Co.California Supreme Court · 1888
- Macdougall v. MaguireCalifornia Supreme Court · 1868
3Cited by11 opinions
- Leslie v. Brown Brothers IncorporationCalifornia Supreme Court · 1929
- Cameron v. Ah QuongCalifornia Supreme Court · 1917
- Sweet v. HamilothorisCalifornia Court of Appeal · 1927
- California Pastoral & Agricultural Co. v. Enterprise Canal & Land Co.U.S. Circuit Court for the District of Southern California · 1903
- Liebhauser v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1923
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