Bear River & Auburn Water & Mining Co. v. Boles

Citations

• 24 Cal. 359

Syllabus

<p>Nuisance—When may be Abated.—While a ditch by which the waters of a stream have been appropriated is out of repair, and not in condition to carry any water, an action will not lie to abate, as a nuisance, a reservoir constructed across the bed of the stream, above the head of the ditch, by which the water of the stream is collected and detained, and caused to flow unequally.</p> <p>Same.—The reservoir does not become a nuisance until the ditch has been repaired, and placed in a condition to carry the water.</p> <p>Witness — Objection to. — An objection to the competency of a witness, on the ground of interest, should be made at the time his interest is first shown, or it will bo deemed waived.</p>