Feliz v. City of Los Angeles

Citations

• 58 Cal. 73

Syllabus

<p>Water Eights—Prescription—Los Angeles River.—In an action against the City of Los Angeles, for cutting off the water of the Los Angeles River from the plaintiff’s ditch, the Court found that ever since the foundation of the pueblo of Los Angeles, in 1781, the pueblo and its successor, the city, had at all times exercised the control of, and claimed the exclusive right to use all the water of the said river; that this right had been duly recognized, acknowledged, and allowed by the owners of the land at the source and bordering on said river—including the grantors of the plaintiffs—and that the use of the water by the plaintiff's grantors commenced by permission and under consent of the municipal authorities of the pueblo, and continued with such permission and consent, and not adversely, nor claimed as of right, until within the last three years, and thereupon judgment was entered for the plaintiffs. Held, that judgment should have been for the defendant on the findings.</p>