Mathews v. Kinsell

Citations

• 41 Cal. 512
• 1871 Cal. LEXIS 125

Syllabus

<p>Damages done to Land by Overflow of Water.—A party is not liable for damages done to another’s land, by an overflow of water from his own land, if the overflow is caused by a heavy fall of rain, increased by the additional momentum given to the water before it reaches the defendant’s land by ditches dug by a third person.</p> <p>Findings by the Court.—Findings by the Court should be mere statements of the ultimate facts in controversy, and the legal consequences from the facts. They should not include probative facts, or the reasons given by the Judge for his decision.</p> <p>Reversal of Judgment on Findings.—The mere fact that express findings do not support the judgment does not authorize a reversal of the judgment. The findings must be inconsistent with the judgment, or it will be allowed to stand.</p>