Union Electric Co. v. Lovell Livestock Co.

This is the second appeal in a case wherein Union Electric Company, a public service corporation, owner and operator of an electric plant at Dillon, is the plaintiff, and Lovell Livestock Company, a corporation owning land adjacent to the plant, is the defendant. For a more complete statement of the case, see 93 Mont. 577, 20 Pac. (2d) 255.

The water used for generating power in the plant is discharged directly from a tailrace into a ditch on defendant’s land. From thence it is conducted across the land.of defendant and into what is known as the Sturgis ditch and on into the Beaverhead River.…