Integral Quicksilver Min. Co. v. Altoona Quicksilver Min. Co.

No. 280
Decided Circuit Court of Appeals, Ninth Circuit
Disposition
affirmed
full scope · unanimous
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Court
Circuit Court of the United States for the Northern District of California
Decided
Judge
GILBERT, Circuit Judge
Posture
Judgment entered on jury verdict for plaintiff
Defendant (1)
Integral Quicksilver Mining Company
E. W. McGraw
v.
Plaintiff (1)
Altoona Quicksilver Mining Company
C. W. Cross

Overview

The judgment of the Circuit Court for the Northern District of California is affirmed, with costs to defendant in error (Altoona Quicksilver Mining Company).

Case summary

The Altoona Quicksilver Mining Company sued the Integral Quicksilver Mining Company in ejectment to recover possession of the 'Boston Ditch' and appurtenant water rights in Trinity County, California. Altoona alleged ownership and possession for 15 years until Integral ousted them in 1893. Integral claimed title, asserting Altoona had abandoned the ditch and Integral had taken possession in 1892. At trial, the jury found for Altoona. On appeal, Integral argued the trial court erred in its jury instruction on abandonment, erred in denying requested instructions, and that ejectment does not lie for a water ditch. The Ninth Circuit affirmed, holding: (1) the abandonment instruction correctly stated California law requiring concurrence of act and intent, and the five-year nonuser rule from Smith v. Hawkins did not apply because evidence did not show continuous nonuser for five years; (2) the given charge sufficiently covered the requested instructions; and (3) under California law, ejectment lies for a ditch itself as land, not merely an incorporeal hereditament, following Reed v. Spicer and other cases.

Abstract

Plaintiff sued defendant in ejectment to recover possession of a mining ditch and associated water rights, alleging long-term ownership until ousted by defendant, who claimed abandonment and its own possession. At trial, the jury ruled for plaintiff, and on appeal, defendant challenged jury instructions on abandonment and the applicability of ejectment to a ditch. The appellate court affirmed, holding the abandonment instruction correctly required act and intent without a strict five-year nonuser rule applying, the instructions adequately covered defendant's requests, and ejectment lies for the ditch as real property.

Opinion of the court

Majority
opinion
GILBERT, Circuit Judgejoined by ROSS, HAWLEY
  • Abandonment of water right requires concurrence of act and intent under California law
  • Smith v. Hawkins' five-year nonuser rule inapplicable on facts
  • Ejectment lies for ditch as land under California law

Jurisdiction

not challenged
Subject matter
Diversity jurisdiction or federal question jurisdiction (implied from Circuit Court of Appeals review of federal circuit court)
Jurisdictional facts
  • Action of ejectment in federal circuit court
  • Writ of error to Circuit Court of Appeals

Procedural posture

Posture at trial
Judgment entered on jury verdict for plaintiff
Posture on appeal
Direct appeal via writ of error
Preserved issues
  • Instruction on abandonment
  • Denial of requested instructions
  • Whether ejectment lies for ditch and water rights

Legal categories

BusinessEstate Planning and Real Estate

Case record

Full case name
INTEGRAL QUICKSILVER MIN. CO. v. ALTOONA QUICKSILVER MIN. CO.
Docket number
No. 280
Court
Circuit Court of Appeals, Ninth Circuit
Trial court
Circuit Court of the United States for the Northern District of California
Decided
Opinion author
GILBERT, Circuit Judge
Opinion type
published
Precedential status
precedential
Judges on panel
GILBERTROSSHAWLEY

Issues & holdings

3
Issues raised
3
affirmed
3
Holdings
Standard of review

de novo

Disposition rationale

Instruction followed California law as stated in Utt v. Frey; evidence did not show continuous nonuser for five years required under Smith v. Hawkins

Preservation

Issue preserved for review

Standard of review

abuse of discretion

Disposition rationale

Given charge sufficiently covered points in requested instructions

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

Under California law, ejectment lies for ditch itself as land, not merely incorporeal hereditament; complaint described ditch, not just water course

Preservation

Issue not preserved

Holdings of the court

Abandonment instruction
Trial court's instruction on abandonment was correct under California law
Instruction tracked Utt v. Frey requiring concurrence of act and intent for abandonment; Smith v. Hawkins' five-year rule inapplicable because evidence did not show continuous nonuser for five years
unanimousbinding precedent
Denial of requested instructions
Trial court did not err in denying defendant's requested instructions
Given charge adequately covered legal principles on abandonment
unanimousbinding precedent
Ejectment for ditch and water rights
Ejectment action lies to recover possession of ditch and appurtenant water rights under California law
Ditch is land, not mere incorporeal hereditament; California precedents allow ejectment for ditches described with specificity
unanimousbinding precedent

Error analysis

  • Trial court's jury instruction on abandonment was incorrect under California law — jury instruction · no error foundNot applicable as no error found
  • Trial court denied defendant's requested jury instructions — procedural · no error foundNot applicable as no error found
  • Ejectment does not lie for water ditch and water rights — procedural · no error foundNot applicable as no error found

Statutory interpretation

1
Statute
California Civil Code §§ 1410, 1411
Question
Whether abandonment of water right requires concurrence of act and intent
Court's reading
Abandonment requires concurrence of act (yielding possession/cessation of use) and intent (no present intention to repossess); nonuser alone insufficient without intent
Canons applied
Plain meaningPrecedent from state court interpretations

Standards of review

  • Jury instruction on abandonment — de novo Legal correctness of jury instruction reviewed de novo
  • Denial of requested jury instructions — abuse of discretion Trial court's refusal of requested instructions reviewed for abuse of discretion
  • Whether ejectment lies for ditch — de novo Legal question of whether cause of action exists reviewed de novo

Timeline

3
Events
1,498
Days, incident to ruling
—
Span
factual eventcited in opinion

Defendant located and took possession of Boston Ditch, claiming plaintiff had abandoned it

Defendant's basis for claiming title

Integral Quicksilver Mining Company
factual eventcited in opinion

Defendant wrongfully ousted plaintiff from possession of Boston Ditch

Alleged act triggering ejectment action

Integral Quicksilver Mining Company · Altoona Quicksilver Mining Company
appeal eventcited in opinion

Circuit Court of Appeals affirms trial court judgment

Outcome: Affirmed

Final disposition of appeal

Circuit Court of Appeals judges appellate court

Facts & evidence

Incident

Location
Trinity county, California

Key facts

4 facts
  1. Plaintiff (Altoona) sued defendant (Integral) in ejectment to recover possession of 'Boston Ditch'
  2. Plaintiff alleged ownership and possession for 15 years until defendant ousted them on August 29, 1893
  3. Defendant claimed title and pleaded plaintiff had abandoned the ditch and water right, and defendant had located and taken possession on May 2, 1892
  4. Jury verdict for plaintiff

Procedural history

3 steps
  1. Trial in Circuit Court for Northern District of California
  2. Jury verdict for plaintiff
  3. Defendant sued out writ of error to Circuit Court of Appeals

Evidence in the record

Testimonial
  • Witness testimony about nonuser of ditch at various periods
  • Testimony that portion of ditch unused for up to ten years
  • No witness testified to continuous nonuser of entire ditch for five years
Challenged
  • Evidence type: Testimony on nonuser · Challenge basis: relevance · Trial court ruling: admitted · Reasoning: Evidence relevant to abandonment issue · Challenged on appeal: true · Appellate outcome: affirmed

Jury

Verdict
For plaintiff (Altoona Quicksilver Mining Company)
Jury instructions given
  • Instruction on abandonment requiring concurrence of act and intent
  • Instruction that abandonment is question of fact
  • Instruction that yielding up possession and nonuser are evidence of abandonment but rebuttable
Jury instructions requested
  • Instructions on effect of intention to abandon without actual abandonment
  • Instructions on nonuser without intention to abandon
  • Instructions that use must be actual and for beneficial purpose

Objects of relevance

Boston Ditch (water ditch in Trinity County, California)Crow creek (water source for ditch)Wiltz ravine (location ditch crosses)

Authorities

Cited authorities (6)

Utt v. Frey, 106 Cal. 392, 39 Pac. 809
followedquotedprecedent
Cited for California law on abandonment of water right requiring concurrence of act and intent
at 106 Cal. 392 Defines abandonment as relinquishment of possession without present intention to repossess, requiring concurrence of act and intent
Smith v. Hawkins (Cal.) 42 Pac. 453
distinguishedquoteddistinguished
Cited for proposition that five years nonuser may operate as abandonment regardless of intent
at 42 Pac. 453 Holds five years nonuser may forfeit appropriator's rights, but distinguished because evidence did not show continuous nonuser for five years
Reed v. Spicer, 27 Cal. 58
followedprecedent
Cited for holding that ejectment lies for ditch as land, not mere easement
at 27 Cal. 58 Ejectment brought to recover ditch and water rights; ditch is land subject to ejectment
Canal Co. v. Kidd, 37 Cal. 282
followedprecedent
Cited for allowing ejectment-like action for water rights and canal sites
at 37 Cal. 282 Action to recover possession of dam site and canal site allowed
Mitchell v. Mining Co., 75 Cal. 464, 17 Pac. 246
followedprecedent
Cited for allowing ejectment for canal or ditch and water rights
at 75 Cal. 464 Action to recover possession of canal and water rights adjudicated as ejectment
Challenor v. Thomas, Yel. 143
distinguishedquotedpersuasive
Cited as authority that ejectment does not lie for water course
at Yel. 143 Old English case holding ejectment does not lie for rivulet because it is ever-flowing and not constant

Statutes

  • California Civil Code §§ 1410, 1411 (water appropriation and abandonment)

Standards & doctrines

  • De novo review of legal questions
  • Abuse of discretion review for jury instructions
  • California law on water rights abandonment

Legal principles applied

  • Abandonment is question of fact for jury
  • Ejectment requires recovery of possessory interest in land
  • State law governs substantive property rights in diversity case
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Entities and documentation
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Action type
affirmed
Target
trial court judgment
Appealed from
Circuit Court for Northern District of California
Context
Circuit Court of Appeals affirms judgment entered on jury verdict for plaintiff in ejectment action
Scope
full
Further instructions
None
Disposition vote
unanimous
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