Lower Kings River Water Ditch Co. v. Kings River & Fresno Canal Co.

Citations

• 60 Cal. 408
• 2 Colo. L. Rep. 473
• 1882 Cal. LEXIS 479

Syllabus

<p>Place of Trial—Action for Diversion of Water—Appeal from Order Refusing to Change the Place of Trial.—Appeal from order denying defendant’s motion for change of place of trial. The action was for the diversion of water from the plaintiff’s ditch, and was commenced in Tulare County. The defendant's principal and only place of business was in Fresno County. The plaintiff’s ditch is situated partly in Fresno and partly in Tulare County—the head of the ditch and the point of diversion of the water by the defendant being in the former county.</p> <p>Held: The order denying the motion was correct. The right of the plaintiff, as stated in the complaint, to have the water flow in the river to the head of its ditch is an incorporeal hereditament appurtenant to the ditch, and is co-extensive with plaintiff’s right to the ditch itself. The subject of the action is, therefore, situated in both counties and the action might have been brought in either. The injury is not confined to that part of the ditch in Fresno County.</p>