Legal Opinion

Gurnsey v. Antelope Creek & Red Bluff Water Co.

California Court of Appeal

Decided September 7, 1907No. Civ. No. 335PublishedCited by 19 opinions

APPEAL from a judgment of the Superior Court of Tehama County, and from an order denying a new-trial. J. P. Ellison, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtBurnett, J.

The controversy relates to a water right claimed by respondent.

In 1877 one James Wilson entered into a written contract with the Antelope Water Company, the predecessor in interest of appellant, containing the following provision: “That whereas the said party of the second part is about to bring the waters of Antelope Creek in the said county and state into the town of Red Bluff for the purpose of supplying the inhabitants thereof with water and desires to cross the lands of the party of the first part, and in consideration of that privilege proposes to allow him one-half inch pipe of water…

2Cases cited15 opinions

  1. Unger v. MooneyCalifornia Supreme Court · 1883
  2. Montecito Valley Water Co. v. City of Santa BarbaraCalifornia Supreme Court · 1904
  3. Barnes v. . LightNew York Court of Appeals · 1889
  4. Thomas v. EnglandCalifornia Supreme Court · 1886
  5. Thompson v. PiocheCalifornia Supreme Court · 1872

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3Cited by19 opinions

  1. O'BANION v. BorbaCalifornia Supreme Court · 1948
  2. Haight v. CostanichCalifornia Supreme Court · 1920
  3. Smith v. DuffMontana Supreme Court · 1909
  4. Silva v. HawnCalifornia Court of Appeal · 1909
  5. Shonafelt v. BusathCalifornia Court of Appeal · 1944

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