Shelby v. Farmers' Co-operative Ditch Co.
Idaho Supreme Court
APPEAL from District Court of Canyon County. Honorable George H. Stewart, Judge. Action to restrain respondent from conveying three hundred and twenty inches of water past his headgate to which he alleges title. Judgment for defendant, from which plaintiff appeals.
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APPEAL from District Court of Canyon County. Honorable George H. Stewart, Judge. Action to restrain respondent from conveying three hundred and twenty inches of water past his headgate to which he alleges title. Judgment for defendant, from which plaintiff appeals. The court erred in finding as a conclusion of law “that it is a reasonable rule and regulation of the company that, before turning water out to plaintiff he shall be required to pay the company his proportionate share of the operating and maintaining expenses of the ditch for the previous irrigating season.” There was no evidence…
1Opinion of the Court
STOCKSLAGER, C. J. —
This is an appeal from the judgment of the district conrt of Canyon county. Plaintiff (appellant) filed his complaint alleging that defendant is a corporation incorporated nnder the laws of Idaho. “That defendant is the successor in interest of the ditch and water rights of the Idaho Irrigation and Colonization Company, incorporated nnder the laws of the former territory of Utah, and now owns and is in possession of the ditch and water rights of said! Idaho Irrigation and Colonization Company, subject to the-rights of plaintiff made to appear. That on and prior to the 8th…
2Cited by8 opinions
- Nampa & Meridian Irrigation District v. BriggsIdaho Supreme Court · 1915
- McHale v. Goshen Ditch Co.Wyoming Supreme Court · 1935
- Parrott v. Twin Falls Salmon River Land & Water Co.Idaho Supreme Court · 1920
- Reynolds v. North Side Canal Co.Idaho Supreme Court · 1923
- Sears v. Orchards Water Co.Oregon Supreme Court · 1924
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