Wiggins

Wiggins v. Muscupiabe Land & Water Co.

Good Law
113 Cal. 182·1896 Cal. LEXIS 764·45 P. 160
Supreme Court of CaliforniaJune 5, 1896No. 19442California4,198 words

Opinion

Lead Opinion

Harrison, J.

The plaintiff is the owner of a rectangular tract of land, having an area of one thousand acres, lying to the south and west of a larger tract belonging to the defendant", Muscupiabe Land and Water Company, and through both of these tracts of land there flows a stream of water known by the name of Devil Canyon creek. This stream has its source in the mountains north.of the defendant’s tract, and flows through the canyon in a southerly direction, and thence southerly and southeasterly through the defendant’s tract of land to the north line of the plaintiff’s tract, which it crosses in a southeasterly direction and again enters the defendant’s tract. The length of its course through the defendant’s land before it reaches the plaintiff’s land is fifteen thousand five hundred and seventy feet, and its course southeasterly across the plaintiff’s land is three thousand two hundred feet in length, when it again enters the land of the defendant, through which it flows for thirteen thousand four hundred and fifty feet. Of the lands of the plaintiff only the northerly two hundred and forty-five acres are within the watershed of this stream and riparian thereto. With irrigation this land can…

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