Learned v. Tangeman

Citations

• 65 Cal. 334
• 4 P. 191
• 1884 Cal. LEXIS 543

Syllabus

<p>Riparian Bights—Diversion of Water —Irrigation—Instructions.—In an action by one riparian proprietor against another for unlawfully appropriating the waters of a stream for the purpose of irrigation, an instruction to the jury that they should And for the defendant, if they believed that he had used no more wetter than was necessary for that purpose, is erroneous, for by'it the jury is in effect told that the defendant was entitled to divert and use all of the water, if necessary for the irrigation of his lands, without regard to the necessities of the plaintiff.</p>