Coker v. Simpson
California Supreme Court
Appeal from the District Court of the Fourteenth Judicial District, County of Nevada. ■ This was an action for damages sustained by plaintiffs, as owners of a mining-ditch, by the construction of another ditch above it, by the defendants, thereby" diverting the waters of the stream supplying both ditches. The complaint avers the diversion of the water, alleges the injury, and prays for judgment for damages, and for a perpetual injunction against the defendants.
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Appeal from the District Court of the Fourteenth Judicial District, County of Nevada. ■ This was an action for damages sustained by plaintiffs, as owners of a mining-ditch, by the construction of another ditch above it, by the defendants, thereby" diverting the waters of the stream supplying both ditches. The complaint avers the diversion of the water, alleges the injury, and prays for judgment for damages, and for a perpetual injunction against the defendants. There is no allegation in the complaint that the injury is continued, or is threatened, or likely to be so. Defendants answered. The…
1Opinion of the Court
Burnett,
delivered the opinion of the Court—Murray, C. J., concurring.
The decision of this case must be made upon the complaint, the answer, and the judgment of the District Court, as no point is made requiring the transcript to contain the evidence. The plaintiffs were the owners of a ditch leading from Shady Creek, and, after the construction of their ditch, the defendants constructed a ditch above that of plaintiffs, and diverted the waters of the stream. The complaint, in the stating and charging portion of it, simply alleges the facts sufficient to constitute a good cause of action for…
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