California Supreme Court June 8, 1857, No. 1475 (Doran v. Walker)

BURNETT, J.

— This action was for damages for diverting water from the mining claims of plaintiffs. On the trial plaintiffs asked the court to give some nine instructions, all of which were given but the third, fourth and seventh. There were three other instructions given, at whose request does not appear. The instructions given embody substantially the same points embraced in those refused.