Yeager v. Woodruff
Utah Supreme Court
Appeal from third court district, Salt Lake county; M. L. Ritchie, Judge. Suit by Hiram Teager against Emma S.' Woodruff and others for an injunction. From a judgment of dismissal, plaintiff appeals. The use of the ditch in question by the plaintiff, openly, peaceably, uninterruptedly and continuously, for a period of seven years, under a claim of right, and to the knowledge of the defendants, established a vested right or easement to the ditch in the plaintiff.
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Appeal from third court district, Salt Lake county; M. L. Ritchie, Judge. Suit by Hiram Teager against Emma S.' Woodruff and others for an injunction. From a judgment of dismissal, plaintiff appeals. The use of the ditch in question by the plaintiff, openly, peaceably, uninterruptedly and continuously, for a period of seven years, under a claim of right, and to the knowledge of the defendants, established a vested right or easement to the ditch in the plaintiff. Goddard on Easements, 68-69, 258, note G; Black’s Pomeroy, 152; Wood on Li mi-tatiou of Actions, 181; 1 Wood Nuisances, 719; 54…
1Opinion of the Court
Zaxe, C. J.:
The plaintiff filed his complaint in the lower court, in which he prayed a writ of injunction, requiring the de*366fendants to remove certain, obstructions placed by them in an irrigation ditch described, and enjoining them from •obstructing tbe flow of water through the same to plaintiff’s land. The case was heard by the court on the pleadings and proofs submitted by the respective parties, and dismissed, with costs to defendants. The plaintiff has brought the case up on appeal.
It appears from the record that in 1880, and for many .years prior thereto, Wilford Woodruff owned two lots…
2Cases cited4 opinions
- Harvey v. TylerSupreme Court of the United States · 1865
- Kirk and Others, in Error v. Smith, Ex. Dem. Penn, in ErrorSupreme Court of the United States · 1824
- Butler v. BertrandMichigan Supreme Court · 1893
- Cameron v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1895
3Cited by6 opinions
- Lunt v. KitchensUtah Supreme Court · 1953
- Funk v. AndersonUtah Supreme Court · 1900
- Kennedy v. Combined Metals Reduction Co.Utah Supreme Court · 1935
- Branson v. MiracleIdaho Court of Appeals · 1986
- Johnson v. Sherman County Irrigation, Water-Power & Improvement Co.Nebraska Supreme Court · 1902
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