Richardson v. Kier
California Supreme Court
Appeal from the District Court, Fourteenth Judicial District, Placer County. This was an action to recover damages sustained hy plaintiff by the flooding with water, and the covering with sand and sediment, of his lands, situated on Coon Creek, in Placer County, to which he claimed the title in fee, from the defendant’s ditches, and for an injunction.
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Appeal from the District Court, Fourteenth Judicial District, Placer County. This was an action to recover damages sustained hy plaintiff by the flooding with water, and the covering with sand and sediment, of his lands, situated on Coon Creek, in Placer County, to which he claimed the title in fee, from the defendant’s ditches, and for an injunction. The acts complained of were thus stated in the complaint, to wit ; “ Plaintiff further avers, that the defendant is the owner of certain water ditches leading from Coon Creek, called the Independent Ditch and the Forth Sea Ditch; said ditches…
1Opinion of the Court
By the Court, Sanderson, J.:
There is some ambiguity in the complaint, for which the plaintiff must be held responsible. It contains a paragraph which evidently has some reference to the agreement of the 19th of March, 1863, between Ziegenbein and the Chamberlains, as if the pleader intended to make it the foundation, in part, of his action, but the agreement is not declared on in hose verba, nor according to its legal effect, and we cannot regard the action as founded upon it in any respect. In this view it becomes unnecessary to consider the effect of that agreement further than to say, that…
2Cited by29 opinions
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- Metcalf v. County of San JoaquinCalifornia Supreme Court · 2008
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