Thompson v. Lee

Citations

• 8 Cal. 275

Syllabus

<p>Instructions to the jury are properly refused when not warranted by the pleadings.</p> <p>The failure of a defendant to deny the charges in a complaint, making out a prima facie case for the plaintiff, will throw the onus on defendant of proving his affirmative allegations.</p> <p>A notice of intention to appropriate the waters of a certain stream is evidence of possession, but of itself, alone, is not sufficient. Taken with other acts, it amounts to sufficient evidence.</p>