Lux v. Haggin
California Supreme Court
Appeal from a judgment of the Superior Court of Kern County, and from an order refusing a ne# trial. The facts are stated in the opinion of the court.
1DissentRoss, J.
As Iam unable to concur in the judgment of the court, or in the reasons given in support of it, I think it proper, in view of the great importance of the main question involved, to state the . grounds of my dissent.
In effect, the conclusion reached by the majority is, that the grantee of any legal subdivision of the public lands of the United States or of the state, through or along which a stream of water flows, is lawfully entitled — at least as against any. one not a riparian proprietor or previous appropriator—to have the water continue to flow in its natural channel undiminished in…
2Cases cited14 opinions
- Basey v. GallagherSupreme Court of the United States · 1875
- Atchison v. PetersonSupreme Court of the United States · 1874
- Broder v. Water Co.Supreme Court of the United States · 1879
- The People v. . the Canal AppraisersNew York Court of Appeals · 1865
- Irwin v. PhillipsCalifornia Supreme Court · 1855
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