Mt. Shasta Power Corp. v. Superior Court

This is an application for a writ of mandate to compel the respondent judge to settle a proposed bill of exceptions.

On June 4, 1923, Anna McArthur commenced an action in Shasta County (No. 6319), against the petitioner corporation, alleging that her lands situated on Pit River above the confluence of Pit River and Fall River were riparian to Pall River as well as to Pit River in the summer-time; and that the corporation was unlawfully diverting from her lands the waters of Pall River for electric power purposes. She sought an injunction to restrain the corporation from continuing the diversion, and damages in the sum of $90,000. Upon the trial of the action and on March 22, 1929, the jury returned a verdict for the plaintiff in the sum of $32,500 as damages on account of the alleged unlawful diversion. Judgment was entered accordingly. A motion for a new trial was denied. Notice of appeal to this court was duly given and filed. Within due time and on July 12, 1929, counsel for the corporation served upon the attorneys for the plaintiff in said action, and delivered to the clerk of the court the original of a proposed bill of exceptions. The trial of the action occupied…