Weimer v. Lowery
California Supreme Court
Appeal from the District Court of the Eleventh Judicial District, county of El Dorado. This was an action under the 249th section of the Practice Act.
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Appeal from the District Court of the Eleventh Judicial District, county of El Dorado. This was an action under the 249th section of the Practice Act. Complainant alleges that he is the owner and in possession of a lot of ground in Coloma, on which he has a family residence and cultivates a garden and orchard; that defendants, against his will, had dug a ditch across a portion of the lot for the purpose of conveying water ; that by the cutting of this ditch and throwing the earth from it over a portion of his lot, it was rendered unfit for cultivation; that his property is injuriously…
1Opinion of the Court
1st. The Court below erred in striking out that portion of the answer which alleges that the lot claimed by the respondent, and upon which the pretended nuisance was created by appellants, was in' the heart of the mineral region, and was public land, and had never been conveyed by the government to respondent or any of his grantors.
2d. The Court below erred in striking out that portion of the answer which alleges that appellants’ ditch was dug in the summer of 1855, and has been used ever since, and still is, for the purpose of conveying the waters of the South Fork of the American river from…
Also in this document: Concurrence.
2Cases cited5 opinions
- Crandall v. WoodsCalifornia Supreme Court · 1857
- Tartar v. Spring Creek Water & Mining Co.California Supreme Court · 1855
- Burdge v. UnderwoodCalifornia Supreme Court · 1856
- Fitzgerald v. UrtonCalifornia Supreme Court · 1855
- Lea v. RobertsonSupreme Court of Alabama · 1827
3Cited by9 opinions
- Mangini v. Aerojet-General Corp.California Court of Appeal · 1991
- Felsenthal v. WarringCalifornia Court of Appeal · 1919
- Fomco, Inc. v. Joe Maggio, Inc.California Supreme Court · 1961
- Kellogg v. KingCalifornia Supreme Court · 1896
- Patteson v. MyersSupreme Court of Oklahoma · 1938
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