Gould v. Stafford
California Supreme Court
Appeal from a judgment of the Superior Court of Santa Barbara County and from an order denying a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtMcFarland, J.
This action was brought by plaintiff, who is a lower riparian proprietor on a stream, to restrain the defendant, who is an upper riparian proprietor on the same stream, from diverting water therefrom. Judgment went for defendant, and plaintiff appeals.
The case has been here twice before, 77 Cal. 66; 91 Cal. 146. On the first appeal a judgment in favor of defendant was reversed on account of defective finding; and it was said in the opinion that under the pleadings, as they then stood, evidence of diversions of water by third persons would be admissible only as to the amount of damages (which…
2Cases cited3 opinions
- Ward v. ClayCalifornia Supreme Court · 1890
- Gould v. StaffordCalifornia Supreme Court · 1891
- Gould v. StaffordCalifornia Supreme Court · 1888
3Cited by22 opinions
- Philbrook v. RandallCalifornia Supreme Court · 1924
- Heidt v. MinorCalifornia Supreme Court · 1896
- Pillsbury v. Superior CourtCalifornia Supreme Court · 1937
- Mortensen v. Los Angeles ExaminerCalifornia Court of Appeal · 1931
- Hulsey v. KoehlerCalifornia Court of Appeal · 1990
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