Mau v. Stoner
Wyoming Supreme Court
Error to the District Court, Uinta County, Hon. Charles 'E. Carpenter, Judge. Action brought by Frank A. Mau against John W. Stoner,, Aaron Stoner and Victor Forgeon. From a verdict and judgment in favor of defendants, the plaintiff brought error. The facts are stated in the opinion.
Read the full summary
Error to the District Court, Uinta County, Hon. Charles 'E. Carpenter, Judge. Action brought by Frank A. Mau against John W. Stoner,, Aaron Stoner and Victor Forgeon. From a verdict and judgment in favor of defendants, the plaintiff brought error. The facts are stated in the opinion. The gist of the action is the destruction of plaintiff’s crops, not the wrongful diversion of the water; the injury was the combined result of the diversions of the water of plaintiff by the defendants at divers times. (Murray v. McGarigle, 69 Wis., 491.) The law does not require that plaintiff show some…
1Opinion of the Court
Scott, Justice.
Plaintiff in error brought this action in the District Court of Uinta County against the defendants in error for the double purpose of recovering damages for an alleged trespass and for injunctive relief. A jury was empaneled and sworn in the case for the purpose of passing on the question of trespass and assessing damages therefor, if any should be shown by the evidence. When the plaintiff rested his case the defendants moved the court for permission to amend their answer, and having obtained such permission *122filed their amendment and then'moved-the court to instruct the jury…
2Cases cited13 opinions
- Chipman v. . PalmerNew York Court of Appeals · 1879
- Miller v. Highland Ditch Co.California Supreme Court · 1891
- Blaisdell v. StephensNevada Supreme Court · 1879
- Mau v. StonerWyoming Supreme Court · 1905
- State ex rel. Mau v. AushermanWyoming Supreme Court · 1903
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hagar v. MobleyWyoming Supreme Court · 1981
- Verheyen v. DeweyIdaho Supreme Court · 1915
- Becker v. HopperWyoming Supreme Court · 1914
- Becker v. HopperWyoming Supreme Court · 1914
- Ramsey v. PowersCalifornia Court of Appeal · 1925
4 more not listed; retrieve them via the Exa API.