Brown v. Kentfield
California Supreme Court
Appeal from the District Court, Eighth Judicial District, County of Humboldt.. The complaint alleged that the plaintiff owned a tract of land containing about one hundred and forty acres, commonly known as the Edgar Ranch, situated on Elk River, in Humboldt County, and was engaged in cultivating the same. That Elk River was a public highway capable of floating scows and other small craft, and furnished communication between the land and the town of Eureka.
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Appeal from the District Court, Eighth Judicial District, County of Humboldt.. The complaint alleged that the plaintiff owned a tract of land containing about one hundred and forty acres, commonly known as the Edgar Ranch, situated on Elk River, in Humboldt County, and was engaged in cultivating the same. That Elk River was a public highway capable of floating scows and other small craft, and furnished communication between the land and the town of Eureka. That plaintiff had been accustomed to ship and transport on Elk River to Eureka his produce, until interrupted by the defendants. That…
1Opinion of the Court
By the Court, Crockett, J.:
1. If the court erred in overruling the demurrer to the special defense set up in the answer, the error was immaterial, inasmuch as all the matters set forth therein were admissible in evidence, if at all, under the denials of the answer. The pleadings admit that Elk River was a navigable stream; and the gravamen of the action is that the defendants improperly and unreasonably obstructed it, and thereby flowed back the water over the plaintiffs land, whereby he suffered a special damage. Under the denials of the answer, it was incumbent on the plaintiff to prove…
2Cases cited1 opinion
- Payne & Dewey v. TreadwellCalifornia Supreme Court · 1860
3Cited by4 opinions
- Dixon v. AllenCalifornia Supreme Court · 1886
- McMenomy v. BaudCalifornia Supreme Court · 1890
- Bard v. ElstonSupreme Court of Kansas · 1884
- Cavallaro v. Texas & Pacific Railway Co.California Supreme Court · 1895