Edgar v. Stevenson

Citations

• 70 Cal. 286
• 11 P. 704
• 1886 Cal. LEXIS 782

Syllabus

<p>Practice—Amendment to Answer. — The refusal to allow a defendant to file an amended answer setting up matters which could he proved under the averments of the original answer is not erroneous.</p> <p>Id.—Finding — Party Desiring cannot Dictate.—A party desiring a finding upon a particular point should specify the point to the court without dictating the terms of the finding; and the refusal of the court to make certain findings presented to it as facts in the case is not erroneous.</p> <p>Id. — Conflict of Evidence. —Where the evidence is conflicting, a finding will not he disturbed on the ground of the insufficiency of the evidence to justify it.</p> <p>Water Rights—Riparian Proprietor—Use of Stream — Ordinary Flow — Appropriation—Diversion of Surplus. —A riparian proprietor, who has appropriated and uses.all the water of a stream crossing his land, as it ordinarily flows, cannot restrain the diversion, during times of extraordinary high water, of the surplus of the stream not used or appropriated by him.</p>