Legal Opinion

Hayes v. Fine

California Supreme Court

Decided September 26, 1891No. 13865PublishedCited by 18 opinions

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

  1. Smith v. O'haraCalifornia Supreme Court · 1872
  2. Lower Kings River Water Ditch Co. v. Kings River & Fresno Canal Co.California Supreme Court · 1882
  3. Bradley v. HarknessCalifornia Supreme Court · 1864

3Cited by18 opinions

  1. The Texas Co. v. BurkettTexas Supreme Court · 1927
  2. Stanislaus Water Co. v. BachmanCalifornia Supreme Court · 1908
  3. Empire Investment Co. v. MortCalifornia Supreme Court · 1915
  4. Churchill v. FlournoyCalifornia Supreme Court · 1899
  5. Stepp v. WilliamsCalifornia Court of Appeal · 1921

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