Rindge

Rindge v. Crags Land Co.

Good Law
1922 Cal. App. LEXIS 582·56 Cal. App. 247·205 P. 36
Court of Appeal of CaliforniaJanuary 24, 1922Civ. No. 3721.California2,451 words

Opinion

Lead Opinion

James, J.

Plaintiffs brought this action to secure equitable relief of several kinds, all designed to protect rights asserted to be held by them to the use of waters flowing in Malibu Creek, in the county of Los Angeles. Defendant Crags Land Company owns land immediately above and adjoining that of plaintiffs. At a point on the former’s land Triunfo and Las Yirgines Creeks converge to form Malibu Creek, which latter flows thence and through the lands of plaintiffs to the Pacific Ocean. It was asserted that the defendants had, by the erection of a dam on Triunfo Creek, interfered with the natural flow of the water feeding into Malibu Creek. It was also asserted that in another canyon called “Morrison,” wherein there was a spring which fed its waters into Triunfo Creek, defendants had cut off the supply at the spring by conducting the water away through a pipe and subjected it to their own uses. Plaintiffs claimed not only that their riparian right to use the waters of Malibu Creek had been interfered Avith by the acts complained of, but that a further right of the plaintiff May K. Rindge, as an appropriator of 100 inches of water from the stream, had been also affected to that plaintiff’s…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.