Watson v. Cornell

Decided July 1, 1877

California Supreme Court · decided 1877-07-01

The plaintiff, in his complaint, averred that he was the owner of a tract of land commonly called Watson’s Ranch, which he describes according to the subdivisions made by the United States Survey; that it was agricultural land; that he and his grantors had tilled it since the year 1857 ; that a stream of water called Gold Run took its rise in the mountains south and west of the land, and in its natural channel flowed over a portion of the land; that he owned three ditches so…

Cited by 2 later decisions — most recently September 1913

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1877-07-01

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By the, Court :

¶1It is the duty of the Court, in trying a cause without a jury,, to find the truth of every material issue involved in the action. Among other issues in this cause, upon which no findings have been made, are the following:

¶2 *93What is the capacity of each of the ditches mentioned in the complaint ?

¶3To what extent, both in time and amount, have the plaintiff, and those under whom he claims, appropriated the waters of the stream by means of those ditches respectively ?

¶4Did the plaintiff acquire the right to the use of .the water of the stream, as against either of the defendants, by prescription ?

¶5Did the defendants divert the water from the ditches by the permission of the plaintiff?

¶6Judgment reversed and cause remanded, with directions to find upon all the material issues in the cause, or, in case of inability so to find, to try the action anew.