Whitmore v. Utah Fuel Co.
Utah Supreme Court
Appeal from the Seventh. District Court, Carbon County. — How. Jacob Johnson, Judge. Action to enjoin defendants from taldng water from certain wells excavated by them and also from cutting off and diverting, by means of excavations, tbe water from an underground channel which supplied certain springs which formed a part of the source of supply of Grassy Trail creek. From a judgment in favor of the defendants, the plaintiff appealed.
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Appeal from the Seventh. District Court, Carbon County. — How. Jacob Johnson, Judge. Action to enjoin defendants from taldng water from certain wells excavated by them and also from cutting off and diverting, by means of excavations, tbe water from an underground channel which supplied certain springs which formed a part of the source of supply of Grassy Trail creek. From a judgment in favor of the defendants, the plaintiff appealed. We think the following are correct statements of the> law applicable in controversies of this character: (1) That a stream of water running upon the surface of…
1Opinion of the Court
McCARTY, J.,
after stating the facts, delivered the* opinion of the court.
Appellant contends that the upper spring was supplied and. fed by water flowing through a defined underground channel or water course, and that the flow was intercepted'and cut off by the digging of the two 1 upper’wells and the pumping of water therefrom by the defendants, and that the thirteenth finding of fact is erroneous. In support of this contention appellant relies mainly upon the fact that this spring went dry soon after defendants commenced pumping water from the wells above mentioned. This, however, is a…
2Cases cited10 opinions
- Whitesides v. GreenUtah Supreme Court · 1896
- Watson v. MayberryUtah Supreme Court · 1897
- Block v. Salt Lake Rapid Transit Co.Utah Supreme Court · 1893
- McKay v. FarrUtah Supreme Court · 1897
- Dwyer v. Salt Lake City Copper Manufacturing Co.Utah Supreme Court · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Sigurd City v. StateUtah Supreme Court · 1943
- Whitmore v. Utah Fuel Co.Utah Supreme Court · 1913
- Chandler v. Utah Copper Co.Utah Supreme Court · 1913
- Sigurd City v. StateUtah Supreme Court · 1943