Legal Opinion

Smith v. Hawkins

California Supreme Court

Decided November 19, 1895No. 18362PublishedCited by 35 opinions

Appeal from a judgment of the Superior Court of Nevada County. John Caldwell, Judge. The facts are stated in the opinion of the court.

1Opinion of the Court

The Court.

Action begun in October, 1892, to quiet, the alleged title of plaintiffs to a dam, ditch, and water right for the diversion of the waters of Wolf creek in Nevada county. As early as the year 1862 one John Ross was in possession of the ditch and sold water from the same. The ditch claimed by plaintiff? is two-thirds of a mile in length; its original capacity was four hundred and fifty-seven inches of water, though it seems to be now so filled up as to be capable of carrying about one hundred inches only. Plaintiffs claim in virtue of a deed to them executed by Ross in March, 1888,…

2Cited by35 opinions

  1. Texas Water Rights Commission v. WrightTexas Supreme Court · 1971
  2. Wright v. BestCalifornia Supreme Court · 1942
  3. Montecito Valley Water Co. v. City of Santa BarbaraCalifornia Supreme Court · 1904
  4. Powhatan Coal & Coke Co. v. RitzWest Virginia Supreme Court · 1906
  5. Lindblom v. Round Valley Water Co.California Supreme Court · 1918

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