Legal Opinion
People Ex Rel. Baker v. MacK
California Court of Appeal
Decided September 15, 1971No. Civ. 12936PublishedCited by 48 opinions
1Opinion of the Court
Opinion
BRAY, J. *
Defendants appeal from an injunction issued by the Shasta County Superior Court restraining them from interfering with the free use by the public of a portion of Fall River.
Questions Presented
1. In California the sole test of navigability of a stream is not whether it is or can be used for commercial purposes.
2. Plaintiff is not estopped to claim navigability of Fall River.
Record
Fall River, in a state of nature, has its sources in the northwesterly part of the Fall River Valley, Shasta County. It flows, in a generally southeasterly direction to its junction with Pit River at…
2Cases cited36 opinions
- Albertson v. RaboffCalifornia Supreme Court · 1956
- Lamprey v. StateSupreme Court of Minnesota · 1893
- Muench v. Public Service CommissionWisconsin Supreme Court · 1952
- People v. California Fish Co.California Supreme Court · 1913
- Utah v. United StatesSupreme Court of the United States · 1971
31 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- In Re Water Use Permit ApplicationsHawaii Supreme Court · 2000
- National Audubon Society v. Superior CourtCalifornia Supreme Court · 1983
- James J. Oppen, Arthur J. Luck and Glenn A. Henry v. Aetna Insurance Co., Union Oil Co. Of Calif.Court of Appeals for the Ninth Circuit · 1973
- Ryals v. PigottMississippi Supreme Court · 1990
- State of California v. Superior Court (Lyon)California Supreme Court · 1981
43 more not listed; retrieve them via the Exa API.