Brown v. McAllister

Citations

• 39 Cal. 573
• 1870 Cal. LEXIS 103

Syllabus

<p>Instructions to Jury, Contradictory and Bepugnant__Where the instructions of the Court, on a material point, are contradictory and repugnant, the judgment will be reversed.</p> <p>Nuisance.—Where a person has no control over the property lying on a declivity above and adjoining his lot, nor over the persons who occupy it, and without any fault of his, offensive water thrown upon the upper lot flows naturally across his premises, on to a lot lying below, he is not amenable to the owner of such lower lot, for the damage which ensues.</p>