California Supreme Court, 1856

Shay v. Tuolumne Cty. Water Co.

California Supreme Court · Decided July 1, 1856 · Murray

6 Cal. 73

Cases that cite this one

5 later published cases cite this decision.

Levins v. Rovegno (Cal. 1886)
United Grocers, Ltd. v. United States (United States District Court for the Northern District of California 1960)
Smith ex rel. Smith v. Shrieves (Nev. 1878)
Howell v. Bush (Miss. 1877)
Taylor v. Hargous (Cal. 1854)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Mr. Chief Justice Murray delivered the opinion of the Court.

Mr. Justice Heydenfeldt and Mr. Justice Terry concurred.

This is an appeal from an order of the Court below granting a new trial.

*74The suit was brought to recover damages of the company, for flooding the plaintiffs’ claim with water. On the trial of the cause, the Court permitted the plaintiffs to ask one of their witnesses whether individual members of the company had employed him to drive them out of their claims.

This was error; the company was an incorporation and was not bound by the acts or admissions of its members, unless they were acting by its express authority. It is said that this interrogatory was answered in the negative, so that no harm could possibly arise tó the defendants from the question. The record does not contain the answer, and it is but justice to presume that the Court below in view of the whole case, has properly exercised its discretion.

Judgment affirmed, with costs.

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