Weidenmueller v. Stearns Ranchos Co.
California Supreme Court
Id.—Findings of Fact—Eights of Plaintiff—Ultimate Facts—Conclusions of Law.—Findings that the level at which the plaintiff had been accustomed to receive his water was not established by defendant as the level at which plaintiff had the right to receive the water, and that plaintiff had no prescriptive or other right to receive water from said canal at any other level than the bottom of said canal, are findings of ultimate facts, and not. of conclusions of law. ■ APPEAL from…
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Id.—Findings of Fact—Eights of Plaintiff—Ultimate Facts—Conclusions of Law.—Findings that the level at which the plaintiff had been accustomed to receive his water was not established by defendant as the level at which plaintiff had the right to receive the water, and that plaintiff had no prescriptive or other right to receive water from said canal at any other level than the bottom of said canal, are findings of ultimate facts, and not. of conclusions of law. ■ APPEAL from a judgment of the Superior Court of Riverside County. J. S. Noyes, Judge. The facts are stated in the opinion.
1Opinion of the Court
COOPER, C.
This appeal is from the judgment. It is claimed that the findings are contrary to the admissions of the pleadings, and that they do not support the judgment.
The complaint alleges, in substance, that the defendant corporation is the owner of a canal known as the North Riverside and Jurupa canal, subject to the right of plaintiff to carry and receive waters from and through the same. That plaintiff is the owner of four and thirty-three hundredths inches of water, measured under a four-inch pressure, and of the right to convey the same through the said canal, and take the same…
2Cases cited4 opinions
- Levins v. RovegnoCalifornia Supreme Court · 1886
- Dam v. ZinkCalifornia Supreme Court · 1896
- Newman v. Bank of CaliforniaCalifornia Supreme Court · 1889
- Frandzen v. County of San DiegoCalifornia Supreme Court · 1894
3Cited by17 opinions
- Alkus v. Johnson-Pacific Co.California Court of Appeal · 1947
- Butler v. AgnewCalifornia Court of Appeal · 1908
- Bristol Convalescent Hospital v. StoneCalifornia Court of Appeal · 1968
- Kelly v. Santa Barbara Consolidated RailroadCalifornia Supreme Court · 1915
- Palmer v. FixCalifornia Court of Appeal · 1930
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