Aliso Water Co. v. Baker

Citations

• 95 Cal. 268
• 30 P. 537
• 1892 Cal. LEXIS 814

Syllabus

<p>Eminent Domain — Condemnation oe Water Rights — Pleading—Public Use — Supply oe “ Farming Neighborhood. ” — A complaint in an action by a water company to condemn water rights and a strip of land, which alleges that it is necessary to condemn and take the water rights in order to carry out the purpose of the water company to supply a “ farming neighborhood, ” composed of land riparian to the creek, with water for domestic use and irrigation, but which does not otherwise show whether the “ farming neighborhood ” is inhabited, not only fails to show that the use for which condemnation is sought is a public use, but shows affirmatively that it is not.</p> <p>Id. — “ Neighborhood ”—Construction oe Pleading. — The term “ neighborhood” is an indefinite phrase, and may consist of but two houses upon a single farm; and as the pleading must be construed most strongly against the pleader, it must be understood that the farming neighborhood to be benefited consists of one farm only, and this the property of the plaintiff.</p> <p>Id. — Uncertain Description oe Rights to be Condemned — Special Demurrer. — A complaint in an action to condemn water rights, which describes them generally as all the rights of each of the defendants, whether as riparian owners or acquired by appropriation, adverse use, or prescription, except for domestic use and reasonable irrigation of their riparian lands, is uncertain in not showing definitely what water rights are proposed to be condemned, and is insufficient as against a special demurrer.</p>