Walsh v. Harris
Before: Baldwin
Synopsis
In an action for damages for the diversion of water from the plaintiffs’ ditch, the defendants denied the diversion, and alleged that the water used by them was used by agreement between the Volcano Water Company and themselves, and the water came from the reservoir of the Volcano Water Company. On the trial, after the plaintiffs had introduced in evidence the judgment wherein the right to the use of the water had been adjudged between the plaintiffs and the Volcano Water Company, and offered to prove by oral testimony that the water used by defendants is the same water that was in controversy in that suit: Held, that such evidence was proper, and should have been admitted, as there was no other means than by parol of establishing this fact.
Baldwin, J., delivered the opinion of the Court Terry, C. J., concurring.
Suit in May, 1856; judgment in October, 1856.
The Court erred in refusing to admit testimony offered by plaintiffs to show that the water alleged in this suit is the same water for which a recovery was had in former cases between the present plaintiffs and the parties under whom the defendants claimed. There was no other means than by parol to establish this fact; and for this error the judgment is reversed, and cause remanded.
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