The herald., 1894-07-29
COURT HAS A WORKING FIT.
Numerous Decisions Rendered
by the Supreme Court.
Several Cases Of Interest in Southern
California.
Tho Hard Luck of . Discoverer of q
epriD4-A Peach Tree Casc-A San
Diego Rape Cass-some
Other Cases.

The supreme court has q working At
on at present, and decisions are being
made nearly every day Of cases sent up
from Southern California. Deputy Clerk
Sssnon yesterday received opinions for
filing in the Los Angeles Office in seven
cases.
The decision OF the superior court OF
Ventura county was affirmed in the case
OF Taylor, appellant VS.. Abbott, ct al,
respondents, which Was quito an inter-
esting case. The plaintiff posted no.
tice December IL. 1892, near spring OF
water upon certain surveyed public
lands in Ventura county, stating that he
HAD that day located" the spring and
water right, and claimed" all water in
the spring and flowing from it. On the
same day he made an excavation in the
spring about three feet square and three
feet deep. for the purpose Of marking
his intended diversion Of the water.
few days afterward he bought some pipe
and lumber with which to complete the
means of diverting the water, but did
not make any conn ection with the spring
or complete his diversion. In Decem-
~---~~~
where the spring was located, took pos
session of it, built house and moved
his family onto it, and in February, 1898,
fled an affidavit in conformity to the
poesessory act of 1862. After the de-
fendant took possession the plaintiff at
tempted to complete his diversion OF the
water, but the defendant prevented him,
The plaintiff brought action to enjoin
him from interference, but the court
gave judgment for the defendant and
plaintiff appealed. The supreme court
sustsins the decision.
The decision OF the Los Angeles su-
perior court is affirmed in the case of
J. O. Sherer, respondent, VS.. Park Nur-
sery company. appellants. Mr.. Sheref
in March, 1891. ordered 500 nursery
peach trees of specified varieties of the
company and they were delivered at the
price of 25 cents apiece. When they
first bore fruit Mr.. Sherer discovered
that 268 OF the trees were OF different
and inferior variety to what he ordered,
and he brought action to recover dam
ages. He secured judgment for $3.50.
The principal point contended for on
the appeal was that the court did not
measure the damages by the proper
rule, but the supreme court finds differ
justified by the evidence.
The judgment of the San Diego gu.
perior court OF San Diego county in the
rape case of Jose Anton Chavez is
affirmed. Chavez was convicted of rape
upon Rebecca A. Foss, a widow, aged 81
yeare. The court referred to gave the
jury an instruction at the request of the
defendant to the effect that under the
information charging the crime OF rape,
the defendant might be convicted of
assault with intent to commit rape
The ruling OF the court upon this point
rested upon the opinion that there was
no evidence to support an instruction of
that character. The supreme court says
this was the only assignment of error in
the appeal demanding any special con-
sideration, and depended upon the
nature Of the evidence placed before the
jury at the trial, and rules that no error
was committed in refusing the instruc-
tion.
The judgment Of the superior court of
Los Angeles county is affirmed in the
case of A. I. Currier, respondent, vs.
F. @. Howes ct al, sppellente.
1t was an action to restrain the de-
fendants from obstructing an alley near
the corner of Broadway and Third
bIIootos 1Ao COuib koVo JudBm0As lux
the plaintiff for $40 damages, and en-
joined the defendants as prayed. After
discussing the points raised at length,
the judgment is affirmed.
In the case of Frederick Keller, ap-
pellant, vs.. Charles Fink, respondent.
from San Luis Obispo county; the judg-
ment of the lower court was affirmed.
The plaintiff was lessee Of the Branch
Touring mill, operated by the waters of
Arroyo Grande creek. The dam and q
portion of the ditch which conveyed the
water from the dam to the mill were on
the defendants land. 1t was claimed
that the deiendant's cattle SO injured
the dam that the plaintiff WAS deprived
of water to run the mill, and he asked
judgment for $4,000 damages. The jury
gave verdict for the defendant. The
appeal was from the judgment and
order denying new trial. The preme
{ pourt sustains the objection to the ap-
peal from the order because it was not
taken in time, and sees no reason to re-
verse the judgment.
The decision of the San Diego superior
court in the case of nj. A. Luce and J.
Wade Mcdonald, respondents and plain
s>>~>>>>>>>><%<~~~>><>< >><