Rose

Rose v. Mesmer

Good Law
142 Cal. 322·1904 Cal. LEXIS 936·75 P. 905
Supreme Court of CaliforniaFebruary 23, 1904L.A. No. 1192.California4,101 words

Opinion

Lead Opinion

Shaw, J.

This is an appeal by seventeen defendants from an order denying their motion for a new trial. It is claimed that the findings are in many particulars unsupported by the evidence. The parties are very numerous and the issues exceedingly complicated, so that it is impossible without unduly extending this opinion to give anything like a complete statement of the various features of the ease.

The object of the suit was to determine the respective rights of all the parties to the waters of Ballona Creek, in Los Angeles County, and to enjoin certain defendants from using more of the water than their just proportion. The plain tiffs and certain of the defendants, including those who appeal, each owned parcels of land which are a part of a Mexican grant known as Rancho la Ballona. This ranch contains about fourteen thousand acres of land bordering on the Pacific Ocean, and extending from the ocean up the creek on each side thereof for a distance of several miles. The other parties own land farther up the creek, and abutting thereon, or on affluents thereof, and comprising Mexican land grants known respectively as “Rincon de los Bueyes,” “Las Cieñegas,” and “La Ciénega ó Paso de la…

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