Legal Opinion

Northern California Power Co. v. Waller

California Supreme Court

Decided February 7, 1917No. Sac. No. 2269PublishedCited by 8 opinions

APPEAL from a judgment of the Superior Court of Shasta County, and from an order refusing a new trial. W. D. Tillotson, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtHenshaw, J.

Plaintiff brought its action against John Waller and A. P. Waller, charging them with the partial destruction of a dam maintained to impound the waters of North Battle Creek, in Shasta County, and with threats of the continuance of like trespasses. John Waller filed a cross-complaint, asserting rights in himself and others in the waters of this creek, which rights were declared to be superior to those of the plaintiff. The rights of these cotenants, it was asserted, arose out of a prior appropriation by a ditch known as the Loggerhead Ditch. These cotenants were brought into the action as…

2Cases cited23 opinions

  1. Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
  2. Sappenfield v. Main Street & Agricultural Park RailroadCalifornia Supreme Court · 1891
  3. Shaw v. Jones, Newton & Co.Supreme Court of Georgia · 1909
  4. Indianapolis Traction & Terminal Co. v. KiddIndiana Supreme Court · 1906
  5. Tennessee Coal, Iron & Ry. Co. v. KellySupreme Court of Alabama · 1909

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3Cited by8 opinions

  1. Grace v. Union Electric Co.Missouri Court of Appeals · 1947
  2. Witherill v. BrehmCalifornia Court of Appeal · 1925
  3. Colver v. W. B. Scarborough Co.California Court of Appeal · 1925
  4. Eaton v. BrockCalifornia Court of Appeal · 1954
  5. Peake v. HarrisCalifornia Court of Appeal · 1920

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