Evans v. Ross

Citations

• 2 Cal. Unrep. 543
• 8 P. 88
• 1885 Cal. LEXIS 860

Syllabus

<p>Waters.—Actions to Restrain the Diversion, Obstruction, and Use of waters of a stream, and for damages for the same, are suits in equity to abate nuisances.</p> <p>Equity—Verdict of Jury.—In a Suit in Equity, the Court may Order a jury, though the party is not entitled thereto; but, in such case, the verdict of the jury on the issues submitted by the court is advisory only, and it may be adopted or rejected by the court. A general verdict is insufficient, and a refusal to instruct a jury in such cases to find a general verdict is not error.</p> <p>Waters.—Five Years’ Adverse Possession is Sufficient to Bar an Action to enforce a water right.</p> <p>Waters—Diversion of Water—Joint Action for.—Where each of two defendants made diversion of water for his own benefit, separately from, and without any collusion, arrangement, or understanding with, his codefendant, and without any consent or joint action between them, a joint action to recover damages for such diversion is not maintainable against them.</p>