McDaniel v. Cummings

Citations

• 3 Cal. Unrep. 137
• 22 P. 216
• 1889 Cal. LEXIS 1109

Syllabus

<p>Surface Water—Unobstructed Flow.—Under Civil Code, section 801, providing that the right of receiving water from or discharging it upon land, and “the right of having water flow without diminution or disturbance of any kind,” may be attached as easements to other lands, the owner of upper land is entitled to the natural and unobstructed flow of the surface water on and across adjoining land, and if the common-law rule is otherwise, it is abrogated by Political Code, section 4468, providing that the common law is the rule of decision “so far as it is not repugnant to or inconsistent with the constitution of the United States, or the constitution or laws of this state.”</p>