Parke v. Kilham

Citations

• 8 Cal. 77
• 1857 Cal. LEXIS 297

Syllabus

<p>Actions for the diversion of the waters of ditches, are in the nature of actions for the abatement of nuisances, and may be maintained by tenants-in-common in a joint action.</p> <p>The line upon which a ditch is actually intended to be dug, should be run within a reasonable time after the line of preliminary survey has been run, in order to make the right of the ditch-owners date baek to the survey. What is a reasonable time, must depend upon the circumstances of the case.</p> <p>Where a party stands by and sees a ditch-owner appropriate the water of a creek to his own use, at a great expense, and does not inform him of his claim to the waters, he and his vendees aré estopped from afterwards claiming the water.</p> <p>To turn aside a useful element from premises, is as much a nuisance as to turn upon them a destructive element.</p> <p>A ditch, to carry off water rightfully flowing to a mining-claim, is as much a nuisance as a dam to flood it.</p>