Barker v. Gould

Citations

• 122 Cal. 240
• 54 P. 845
• 1898 Cal. LEXIS 565

Syllabus

<p>TeRCOL ATING WATER—TUNNEL—RIPARIAN RIGHTS—QUIETING TlTLE—BURDEN op Troop.—Tn an action by the owner of land crossed by a creek, who had constructed a tunnel into his land, not apparently connected with the creek, in order to divert percolating water from his land into the tunnel to quiet title thereto as against lower riparian proprietors, who claimed to have been injured by the abstraction of water from the creek by means of such tunnel, the burden is upon the defendants to establish their claim.</p> <p>Expert Evidence—Conflicting Testimony—Review upon Appeal.—The court is not bound to accept the opinion of an expert witness, unless satisfied that it is based upon cogent and sufficient reasons; and where conflicting expert evidence is given upon both sides, its decision as to its weight and value is as conclusive as • in any other case of conflicting testimony, and is not subject to review upon appeal. .</p>