Natoma Water & Mining Co. v. McCoy
California Supreme Court
Appeal from the District Court, Sixth Judicial District, City and County of Sacramento. ' This action was commenced on the twenty-first day of June, 1861. The complaint averred, that plaintiffs for four years had owned and possessed a water ditch, starting out of Alder Creek, about 'one mile below Prairie City, by which ditch plaintiffs had appropriated and used the waters of said Alder Creek for mining purposes, during all that time, except as disturbed by defendants ; and…
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Appeal from the District Court, Sixth Judicial District, City and County of Sacramento. ' This action was commenced on the twenty-first day of June, 1861. The complaint averred, that plaintiffs for four years had owned and possessed a water ditch, starting out of Alder Creek, about 'one mile below Prairie City, by which ditch plaintiffs had appropriated and used the waters of said Alder Creek for mining purposes, during all that time, except as disturbed by defendants ; and that defendants, about the first day of June, 1861, had erected a dam across Alder Creek, about one-half a mile below…
1Opinion of the CourtCrocker, J.
This is an action to recover damages, arising from an irregularity *492of the flow of water to the plaintiffs’ dam and ditches, on Alder Creek, caused by a dam erected by the defendants on the creek above. The right of the prior appropriator of water to recover damages for such an injury was settled by this Court, in the case of The Phœnix Water Co. v. Fletcher (23 Cal. 481).
At the trial, the Court excluded the evidence offered by the plaintiffs, to show that the irregularity of the flow of water was a material injury to them, as in consequence of such irregularity they lost their customers, who…
2Cases cited1 opinion
- Phœnix Water Co. v. FletcherCalifornia Supreme Court · 1863
3Cited by3 opinions
- Town of Antioch v. Williams Irrigation DistrictCalifornia Supreme Court · 1922
- Herrlin v. Brown & McCabeOregon Supreme Court · 1914
- Lone Tree Ditch Co. v. Rapid City Electric & Gas Light Co.South Dakota Supreme Court · 1903