Gale v. Tuolumne County Water Co.
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of Tuolumne. This was an action to restrain the defendant from diverting the natural waters of Mormon Creek, and for damages for a diversion of those waters from a mining ditch owned by the plaintiff.
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Appeal from the District Court of the Fifth Judicial District, County of Tuolumne. This was an action to restrain the defendant from diverting the natural waters of Mormon Creek, and for damages for a diversion of those waters from a mining ditch owned by the plaintiff. The complaint, which was filed February 15th, 1870, alleges: “ That heretofore, to wit: May 1st, A. D. 1867, plaintiff was, is now, and has been for a long time previous, to wit: for about seventeen years, the owner of and in the quiet and peaceable possession of a certain water ditch situated in the County of Tuolumne…
1Opinion of the Court
By the Court, Wallace, C. J.:
1. The complaint is sufficient as against the demurrer *46interposed. The argument upon objections amounting to grounds of special demurrer merely, and which were not presented below, will not be considered here.
2. Upon examination of the record it is apparent that the findings of fact are supported by the evidence. The most that can he fairly claimed by the appellant in this regard is, that upon some of them the evidence is substantially conflicting, and we may add, that in our judgment, the great preponderance of the evidence in the case is in favor of the findings…
2Cited by3 opinions
- Conde v. Dreisam Gold Mining Co.California Court of Appeal · 1906
- Kippen v. OllassonCalifornia Supreme Court · 1902
- Hemenway v. FrancisOregon Supreme Court · 1891