Herminghaus v. Southern California Edison Co.
California Supreme Court
200 Cal. 81, 252 P. 607 (1926)
- Written by Penny Ellison, JD
Facts
Amelia Herminghaus (plaintiff) owned about 18,000 acres extending along the bank of the San Joaquin River and its tributaries. Herminghaus primarily used the land for grazing and for many years had made use of the waters of the river for irrigation. Southern California Edison Company (Edison) (defendant) owned a large tract of land further up the river and used the flow of the river to generate power using reservoirs, dams, and other works to stop and control the flow of the river. Herminghaus claimed that Edison’s use of the river was not reasonable in that Edison’s diversion of the flow made it impossible for downstream property owners to make use of the riparian rights to which the owners were entitled. Herminghaus sought an injunction preventing Edison from depriving downstream owners of their own use and enjoyment of the river. The trial court ruled in Herminghaus’s favor and granted the injunction. Edison appealed.
Rule of Law
Issue
Holding and Reasoning (Richards, J.)
Dissent (Shenk, J.)
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