Tuolumne Water Co. v. Chapman
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of Tuolumne. It is alleged in the complaint that the plaintiff is an incorporated ditch company, and for several years past lias conveyed water by means of a ditch from the Stanislaus River, into French Gulch, and down said Gulch, for sale to others to be used for mining purposes, and by that means had acquired a prior right to the enjoyment and use of the water) and that being so in the peaceable…
Read the full summary
Appeal from the District Court of the Fifth Judicial District, County of Tuolumne. It is alleged in the complaint that the plaintiff is an incorporated ditch company, and for several years past lias conveyed water by means of a ditch from the Stanislaus River, into French Gulch, and down said Gulch, for sale to others to be used for mining purposes, and by that means had acquired a prior right to the enjoyment and use of the water) and that being so in the peaceable possession and use of the water flowing in said ditch and gulch, the defendants diverted the water from said gulch, and deprived…
1Opinion of the Court
Burnett, J., after stating the facts, delivered the opinion of the Court—Terry, C. J., concurring.
The demurrer admits the facts as alleged in the complaint. 3 Cal. R., 323.
The alleged allegation in the complaint, that the defendants wrongfully claim some pretended and fictitious right to the use of the water, does not prejudice the right of the plaintiff to the injunction. Merced Mining Co. v. Fremont, April, 1857.
The diversion of a water-course is a private nuisance. Willard’s E. J., 392; Adams E., 310 ; Story’s E. J., § 927.
There can be no doubt of the truth of the proposition, that no…
2Cited by7 opinions
- Fabian v. CollinsMontana Supreme Court · 1878
- State v. O'ConnorNevada Supreme Court · 1876
- Patten Paper Co. v. Kaukauna Water-Power Co.Wisconsin Supreme Court · 1888
- Kittle v. PfeifferCalifornia Supreme Court · 1863
- Ball v. KehlCalifornia Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.