Gale v. Tuolumne County Water Co

In Gale v. Tuolumne County Water Co. (1914) 169 Cal. 46, the plaintiff brought an action alleging that respondent had violated a prior judgment concerning distribution of water onto his property, that this violation was intentional and that it constituted a contempt of court. He sought compensatory damages of $ 5,000. Despite plaintiff's damage allegation, the matter was treated as a civil contempt proceeding. The court found defendant guilty and a $ 500 fine was imposed; plaintiff was not awarded compensatory damages. (Id. at pp. 48-49.) The defendant appealed. The high court granted plaintiff's motion to dismiss the appeal because judgments of contempt are not appealable.