Hoffman v. Stone
California Supreme Court
Appeal from the District Court of the Eleventh Judicial District, County of El Dorado. This was an action brought by the owners of a ditch, (which received its supply of water from Dutch Creek, or Ravine, near its mouth,) in El Dorado county, for the purpose of procuring a perpetual injunction against the defendants, restraining them from diverting or appropriating the waters of the said ravine, and also for the recovery of a small judgment against them, by way of damages.
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Appeal from the District Court of the Eleventh Judicial District, County of El Dorado. This was an action brought by the owners of a ditch, (which received its supply of water from Dutch Creek, or Ravine, near its mouth,) in El Dorado county, for the purpose of procuring a perpetual injunction against the defendants, restraining them from diverting or appropriating the waters of the said ravine, and also for the recovery of a small judgment against them, by way of damages. The defence was that Dutch Ravine was usually a dry creek, affording no natural water during the summer months, and that…
1Opinion of the CourtMurray, C. J.
The former decisions of this Court, in cases involving the right of parties to ajjpropriate waters for mining and other purposes, have been based upon the wants of the community and the peculiar condition of things in this state, (for which there is no precedent,) rather than any absolute rule of law governing such cases.
The absence of legislation on this subject, has devolved on the Courts the necessity of framing rules for the protection of this great interest, and in determining these questions, we have conformed, as nearly as possible, to the analogies of the common law.
*49The fact early…
2Cited by14 opinions
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- Nev. Cty. & Sacramento Canal Co. v. KiddCalifornia Supreme Court · 1869
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