Butte T. M. Co. v. Morgan
California Supreme Court
Appeal from the Fifteenth District. The findings of the Court below, with the conclusions reached, are as follows: “ In the spring of 1853, Morrow & Co. erected a dam upon ‘ Saw Mill Ravine,’ and dug a ditch, by which they appropriated and used thirty inches of the water of the ravine. This right of thirty inches has been transferred to Gregory & Co., and the point of tapping the stream has been changed one mile further up, and near the source.
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Appeal from the Fifteenth District. The findings of the Court below, with the conclusions reached, are as follows: “ In the spring of 1853, Morrow & Co. erected a dam upon ‘ Saw Mill Ravine,’ and dug a ditch, by which they appropriated and used thirty inches of the water of the ravine. This right of thirty inches has been transferred to Gregory & Co., and the point of tapping the stream has been changed one mile further up, and near the source. It is now known as the Gregory Ditch. In May, 1853, (after the water of the Gregory Ditch had been appropriated) Lehman & Co. posted notices on Saw…
1Opinion of the CourtCope, J.
Field, C. J. concurring.
This is an action for damages, and for the restitution of certain premises described in the complaint. The facts are clearly stated in the findings of the Court, and the conclusion arrived at is undoubtedly correct. The principal question is, whether a person appropriating and diverting the water of a stream at a given point, can afterwards change the point of diversion to the prejudice of a subsequent appropriator ? The case of Kidd v. Laird, (15 Cal. 161) and the authorities there cited, are decisive of this question, and it would seem that the position of the…
2Cases cited1 opinion
- Kidd v. LairdCalifornia Supreme Court · 1860
3Cited by5 opinions
- Cole v. LoganOregon Supreme Court · 1893
- Fuller v. Swan River Placer Min. Co.Supreme Court of Colorado · 1888
- Hague v. Nephi Irrigation Co.Utah Supreme Court · 1898
- Scott v. Fruit Growers Supply Co.California Supreme Court · 1927
- Trambley v. LutermanNew Mexico Supreme Court · 1891