Bear River & Auburn Water & Mining Co. v. New York Mining Co.
California Supreme Court
Appeal from the District Court of the Eleventh Judicial District, County of Placer. The parties to this action, are incorporated companies for mining and other purposes. Each company is the owner of a dam and ditch, by means of which, the waters of Bear River are diverted from the natural channel of the stream, and sold and used for mining purposes, and by defendants for the additional purpose of propelling a saw-mill.
Read the full summary
Appeal from the District Court of the Eleventh Judicial District, County of Placer. The parties to this action, are incorporated companies for mining and other purposes. Each company is the owner of a dam and ditch, by means of which, the waters of Bear River are diverted from the natural channel of the stream, and sold and used for mining purposes, and by defendants for the additional purpose of propelling a saw-mill. The plaintiffs were the prior appropriators of the waters of the stream, at the point where their dam, at the head of their ditch, is located. The defendant’s dam' and ditch…
1Opinion of the Court
Burnett, T., after stating the facts, delivered the opinion of the Court—Terry, J., concurring.
It may be said, with truth, that the judiciary of this State, has had thrown upon it, responsibilities not incurred by the Courts of any other State in the Union. In addition to those perplexing cases that must arise, in the nature of things, and especially in putting into practical operation, a new constitution and a new code of statutes, we have had.a large class of cases, unknown in the jurisprudence of our sister States. The mining interest of the State has grown up under the force of new and…
2Cited by9 opinions
- Montecito Valley Water Co. v. City of Santa BarbaraCalifornia Supreme Court · 1904
- Town of Antioch v. Williams Irrigation DistrictCalifornia Supreme Court · 1922
- Dripps v. the Allison's Mines Co.California Court of Appeal · 1919
- Watterson v. SaldunbehereCalifornia Supreme Court · 1894
- Atchison v. PetersonMontana Supreme Court · 1872
4 more not listed; retrieve them via the Exa API.