Beasley v. Engstrom
Idaho Supreme Court
APPEAL from the District Court of the Ninth Judicial District, for Bonneville County. Hon. James G. Gwinn, Judge. Action for damages and injunction. Judgment for defendant. The wasting of water having been expressly prohibited by the legislature, constitutes a public nuisance. (Secs. 3293, 7144, Rev. Codes; Lewis v. Stein, 16 Ala. 214, 50 Am.
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APPEAL from the District Court of the Ninth Judicial District, for Bonneville County. Hon. James G. Gwinn, Judge. Action for damages and injunction. Judgment for defendant. The wasting of water having been expressly prohibited by the legislature, constitutes a public nuisance. (Secs. 3293, 7144, Rev. Codes; Lewis v. Stein, 16 Ala. 214, 50 Am. Dec. 177; Bedway v. Moore, 3 Ida. 312, 316, 29 Pac. 104; Small v. Harrington, 10 Ida. 499, 79 Pac. 461.) Even when the action is brought by a private party who has suffered a special injury from a public nuisance, a prescriptive right to do the acts…
1Opinion of the CourtMorgan, J.
The parties to this action own neighboring farms which are so situated that water conducted upon respondent’s land for the purpose of irrigation, which is not *17absorbed by the soil or evaporated, drains off on to that of appellant through a natural hollow, from which it empties into Henry creek.
Appellant contends that respondent has diverted from the canal which supplies his farm with water for irrigation more than was necessary and that the excess, which has been permitted to flow upon his (appellant’s) land, has rendered a portion of it swampy and has otherwise damaged his farm. He commenced…
2Cases cited6 opinions
- Boynton v. LongleyNevada Supreme Court · 1885
- Walley v. WileyIndiana Court of Appeals · 1914
- Pascal v. HynesSupreme Court of Iowa · 1915
- Brand v. LienkaemperWashington Supreme Court · 1913
- Rodgers v. PittU.S. Circuit Court for the District of Nevada · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Sinnett v. WerelusIdaho Supreme Court · 1961
- Loosli v. HesemanIdaho Supreme Court · 1945
- Wood River Power Co. v. ArkooshIdaho Supreme Court · 1923
- Last Chance Ditch Co. v. SawyerIdaho Supreme Court · 1922
- Johnson v. GustafsonIdaho Supreme Court · 1930
6 more not listed; retrieve them via the Exa API.