Flickinger v. Shaw
California Supreme Court
Appeal from a judgment of the Superior Court of Santa Clara County. The action was brought to obtain a judgment that plaintiff is the owner of a ditch, and the right of way therefor, over the lands of the defendant Isaiah Shaw; and the owner of the use of eleven hundred inches of the water of Penetencia Creek, in Santa Clara County, to he used through said ditch, measured under a four-inch pressure; and that plaintiff is the owner of all the waters of Penetencia Creek, after…
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Appeal from a judgment of the Superior Court of Santa Clara County. The action was brought to obtain a judgment that plaintiff is the owner of a ditch, and the right of way therefor, over the lands of the defendant Isaiah Shaw; and the owner of the use of eleven hundred inches of the water of Penetencia Creek, in Santa Clara County, to he used through said ditch, measured under a four-inch pressure; and that plaintiff is the owner of all the waters of Penetencia Creek, after supplying said ditch to the extent of four thousand inches of water under a four-inch pressure, to he used through a…
1Opinion of the CourtThornton, J.
That the object to be attained by the agreement between Flickinger and Smith on the one hand, and the defendant (Shaw) on the other, was to acquire by purchase a right of way over the land of the latter for the ditch constructed by the first-named parties is, in our judgment, a fair legal deduction from the facts disclosed in this case. Flickinger and Smith were seeking to acquire something more than a mere license or authority to do a particular act or series of acts on another's land without possessing any estate therein (Potter v. Mercer, 53 Cal. 673), and which right might at any time be…
2Cases cited3 opinions
- Morrison v. WilsonCalifornia Supreme Court · 1859
- Potter v. MercerCalifornia Supreme Court · 1879
- Pope v. HenrySupreme Court of Vermont · 1852
3Cited by31 opinions
- Los Angeles v. Los Angeles City Water Co.Supreme Court of the United States · 1900
- Stoner v. ZuckerCalifornia Supreme Court · 1906
- H.S. Crocker Co., Inc. v. McFaddinCalifornia Court of Appeal · 1957
- Los Angeles City Water Co. v. City of Los AngelesU.S. Circuit Court for the District of Southern California · 1898
- Stepp v. WilliamsCalifornia Court of Appeal · 1921
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