Rudel v. County of Los Angeles
California Supreme Court
APPEAL from a judgment of tbe Superior Court of Los An-geles County. Lueien Shaw, Judge. Tbe facts are stated in tbe opinion. Tbe owners of tbe higher tract have an easement for tbe flow 'of water over the lower tract. {Gray v. McWilliams, 98 Cal. 161; 85 Am. St. Rep. 163; Ogburn v. Connor, 46 Cal. 346; 13 Am.
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APPEAL from a judgment of tbe Superior Court of Los An-geles County. Lueien Shaw, Judge. Tbe facts are stated in tbe opinion. Tbe owners of tbe higher tract have an easement for tbe flow 'of water over the lower tract. {Gray v. McWilliams, 98 Cal. 161; 85 Am. St. Rep. 163; Ogburn v. Connor, 46 Cal. 346; 13 Am. Rep. 213; Los Angeles Cemetery Assn. v. Los Angeles, 103 Cal. 466.) Tbe supervisors acted under authority of law, and any resulting injury is damnum absque injuria. {Lamb v. Reclamation Dist., 73 Cal. 125; 2 Am. St. Rep. 775.) Tbe finding as to the protection district is outside tbe…
1Opinion of the Court
SEARLS, C.
This action was brongbt to restrain the defendants, wbo (except the defendant, H. Dovey, as to wbom the appeal bas been dismissed) are the duly elected, qualified, and acting supervisors of the county of Los Angeles, from diverting the waters of the Rubio cañón and causing the same to flow into and tbrougb Eaton canon.
The cause was tried by the court without the intervention of a jury, and upon the findings in writing made, a decree was entered restraining the defendants as prayed for in the complaint.
Defendants appeal from the judgment, and the cause comes up on the judgment-roll,…
2Cases cited13 opinions
- Lamb v. Reclamation District No. 108California Supreme Court · 1887
- Los Angeles Cemetery Ass'n v. City of Los AngelesCalifornia Supreme Court · 1894
- Hooker v. New-Haven & Northampton Co.Supreme Court of Connecticut · 1841
- McDaniel v. CummingsCalifornia Supreme Court · 1890
- Hall v. ArnottCalifornia Supreme Court · 1889
8 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Kirk v. CulleyCalifornia Supreme Court · 1927
- San Gabriel Valley Country Club v. County of Los AngelesCalifornia Supreme Court · 1920
- Lebrun v. RichardsCalifornia Supreme Court · 1930
- Silvers v. GrossmanCalifornia Supreme Court · 1920
- Wood v. MoultonCalifornia Supreme Court · 1905
32 more not listed; retrieve them via the Exa API.