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MARIN MUN. WATER DIST. v. NORTHWESTERN PAC. R.R.

Docket No. 22931.

253 Cal.App.2d 83 (1967)

61 Cal. Rptr. 520

MARIN MUNICIPAL WATER DISTRICT, Plaintiff and Appellant, v. NORTHWESTERN PACIFIC RAILROAD COMPANY, Defendant and Respondent.

Court of Appeals of California, First District, Division Four.

August 1, 1967.

Attorney(s) appearing for the Case

Leland H. Jordan, Riede & Elliott and Robert W. Elliott for Plaintiff and Appellant.

Bledsoe, Smith, Cathcart, Johnson & Rogers and Robert A. Seligson for Defendant and Respondent.

RATTIGAN, J.

This appeal involves the pleading of rights and duties incident to subjacent support of land, and a determination — apparently not heretofore made by an appellate court — of whether the common law rule of subjacent support has been modified by statute in California.

Appellant, plaintiff below and herein called "district," owned a public water system which included two pipe mains installed in the land surface on the crest of a hill...

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