Hayes v. Fine
California Supreme Court
Appeal from an order of the Superior Court of Tulare County granting a new trial. The facts are stated in the opinion.
1Opinion of the Court
Vanclief, C.
Action to enjoin defendants from diverting water from plaintiffs’ lands. Judgment for defendants. A new trial was granted; and this appeal is from the order granting a new trial.
The material allegations of the complaint are substantially as follows: That in 1869 the defendants constructed a water-ditch, known as the Rhodes and Fine ditch, conveying water from Tule River, a distance of about five miles, and being of an average width of eight feet on the bottom and one foot deep, and acquired rights to *393water therefor to be used in irrigating their lands; that in 1876 the plaintiffs…
2Cases cited3 opinions
- Smith v. O'haraCalifornia Supreme Court · 1872
- Lower Kings River Water Ditch Co. v. Kings River & Fresno Canal Co.California Supreme Court · 1882
- Bradley v. HarknessCalifornia Supreme Court · 1864
3Cited by18 opinions
- The Texas Co. v. BurkettTexas Supreme Court · 1927
- Stanislaus Water Co. v. BachmanCalifornia Supreme Court · 1908
- Empire Investment Co. v. MortCalifornia Supreme Court · 1915
- Churchill v. FlournoyCalifornia Supreme Court · 1899
- Stepp v. WilliamsCalifornia Court of Appeal · 1921
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