Foreman v. Boyle

Citations

• 88 Cal. 290
• 26 P. 94
• 1891 Cal. LEXIS 688

Syllabus

<p>Water Bights — Diversion of Stream — Misjoinder of Parties — Joint Action for Damages — Several Ownership. — The owners of two different tracts of land, each of whom owns a certain number of inches of the waters of a stream, and who have appropriated the amount of water owned by each by means of irrigating ditches leading from the channel of the stream to each tract, and carrying different amounts of water, neither owner having any interest in the land, water, or ditch of the other, have no joint or common interest which authorizes them to unite as plaintiffs in an action for damages against a third party for diverting the water, or which will sustain a joint judgment for damages.</p> <p>Id. — Injunction — Nuisance — Joinder of Parties — Damages. — The several owners of the waters of a stream may unite as plaintiffs in an action to restrain a diversion of the waters.by a third person, or to abate an obstruction therein as a nuisance; but they cannot for that reason unite in an action for damages.</p> <p>Id. — Misjoinder of Parties — Misjoinder of Causes of Action — Pleading — Demurrer.—If the several owners of the stream join as plaintiffs in an action for damages for diverting the waters of the stream, and for an injunction to restrain the defendants from the further diversion thereof, the complaint is subject to a demurrer, both fora misjoinder of parties plaintiff and for a misjoinder of causes of action.</p>