California Supreme Court, 1877

Watson v. Cornell

Watson v. Cornell
California Supreme Court · Decided July 1, 1877 · No. 4985
52 Cal. 91
Watson v. Cornell

Cases that cite this one

2 later published cases cite this decision.

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

By the, Court :

It 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:

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

To 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 ?

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

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

Judgment 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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.