Cummings v. Peters
California Supreme Court
Appeal from a judgment for the plaintiff, and from an order denying a motion for a new trial, in the Superior Court of the County of Butte. Hundley, J. After the decision in Department, the respondent filed his petition that the appeal be reheard in Bank, and the application was denied.
1Opinion of the Court
Morrison, C. J.:
This was a proceeding in the Superior Court of Butte County to condemn a strip of defendant’s land, thirty feet in width, for a ditch or canal, designed to conduct water for mining, irrigation, manufacturing, and household and domestic purposes. There was a demurrer to the complaint, which was overruled. The defendant thereupon filed an answer, in which he denied all the material allegations of the complaint; and special issues, involving some of the questions in controversy, were submitted to a jury.
The following were the questions submitted to and passed upon by the jury :
“…
2Cases cited1 opinion
- Wilmington Canal & Reservoir Co. v. DominguezCalifornia Supreme Court · 1875
3Cited by8 opinions
- Vallejo & Northern R.R. v. Reed Orchard Co.California Supreme Court · 1915
- Turlock Irrigation District v. WilliamsCalifornia Supreme Court · 1888
- Stratford Irrigation District v. Empire Water Co.California Court of Appeal · 1941
- Rialto Irrigating District v. BrandonCalifornia Supreme Court · 1894
- Joy v. McKayCalifornia Supreme Court · 1886
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