Cushing v. Pires

Citations

• 124 Cal. 663
• 57 P. 572
• 1899 Cal. LEXIS 1044

Syllabus

<p>Appeal—Sufficiency of Proof—Defective Complaint—Variance— Waiver of Objections.—Where the findings and judgment are supported by the evidence, and it appears that the case was decided correctly upon the merits, objections to a defective complaint, and to a variance between the complaint and the proof, not urged in the court below, and which might have been obviated by an amendment of the complaint, are waived, and cannot be urged upon appeal for the first time.</p> <p>Surface Water—Rights of Landowner.—A landowner cannot protect his own land to the injury of the land of another, by turning the storm or surface water which would naturally flow upon his land away therefrom, and onto the land of another.</p> <p>In.—Culvert Across Private Road—Obstruction—Injunction.—An action will lie to enjoin the obstruction and interference by ikedefendant with the repair of a culvert constructed by the plaintiff across a private road, the grade of which had been raised, the object of which culvert was to allow the storm water to flow from plaintiff’s land across defendant’s land, as it had been accustomed to flow through a natural depression, at the piase where the culvert was constructed, for many years prior to ikeraising of the grade of the private road, and the obstruction e£ which by the defendant caused great injury to the growing crops of the plaintiff by the accumulation of surface water upoa plaintiff’s land.</p>