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Colonial Cases

Crane v Vaughan Co [1865]

water rights

Supreme Court

Begbie C.J., 21 June 1865

Source: The Cariboo Sentinel, 24 June 1865, p 1[1]

 

Crane vs. Vaughan company.

This was an appeal from a decision of Mr. Cox in reference to a right to water.  It appeared that plaintiff had built a ditch on Lowhee and had obtained a privilege to the surface water of the creek.  The plaintiff's right had been undisputed from 1862 to 1865, when the defendants had built a ditch and taken some of the water.  The plaintiff, and a witness named John Boyle, proved that plaintiff had possession of the water and that his title to it had been recorded.

   The Court said it devolved upon the Vaughan company, who were the appellants, to show a better title than Mr. Crane.

   After a lengthened argument from Mr. Robertson, who appeared for the Vaughan company, the Court decided that Crane had proved his title, and unless he (Mr. R.) could put in a better one judgment must go to affirm the decree.

   The Court - Then, Mr. Robertson, you are fully warranted in withdrawing.

   Judgment was then given for plaintiff with costs.

Note

[1] This case was transcribed by Peter Bullock.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School