Parks Canal & Mining Co. v. Hoyt
California Supreme Court
Appeal from a judgment for the defendant, and from an order denying a motion for a new trial, in the Superior Court of the County of El Dorado. Williams, J. The complaint stated, that “ the plaintiff is an association duly organized under an act of the Legislature of the State of Pennsylvania, entitled, ‘ An Act authorizing the formation of partnership associations,’ etc., * * * and doing business as such in said county of El Dorado.”
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Appeal from a judgment for the defendant, and from an order denying a motion for a new trial, in the Superior Court of the County of El Dorado. Williams, J. The complaint stated, that “ the plaintiff is an association duly organized under an act of the Legislature of the State of Pennsylvania, entitled, ‘ An Act authorizing the formation of partnership associations,’ etc., * * * and doing business as such in said county of El Dorado.” Ever since 1854, the plaintiff and its predecessors were the owners of a ditch diverting water from Squaw Hollow Creek, of sufficient capacity to divert all the…
1Opinion of the CourtMcKinstry, J.
For the purposes of this decision, it may be admitted that water acquired by appropriation (to be sold to miners and others), by means of a ditch leading from a natural stream, becomes, after it has passed into the ditch, the personal property of the appropriator. Further, it may be admitted, that if water be taken or diverted from the ditch, without the consent of the appropriator, he may waive the tort and bring an action for the value of the water taken. Nevertheless, although such appropriator may be entitled to the flow of the stream undiminished, the water in the stream above his ditch…
2Cited by12 opinions
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