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Stoner v. Zucker

Supreme Court of California
83 P. 808 (1906)


Stoner (plaintiff) gave permission to Zucker (defendant) to enter upon Stoner’s land. Zucker constructed an irrigation ditch on Stoner’s land. Stoner claimed that while he had given Zucker permission to construct an irrigation ditch, he had not granted Zucker an easement. Stoner asserted that Zucker’s use of the land rested entirely upon his permission and that he had expressly revoked permission for Zucker to enter upon his land. Zucker continued to enter onto Stoner’s land in order to make repairs to the ditch. Zucker claimed to have spent more than $7,000 in the construction and maintenance of the ditch. Stoner filed suit seeking an injunction to prohibit Zucker from any further entry upon his land.

Rule of Law


Holding and Reasoning (Henshaw, J.)

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