Van Buskirk v. Red Buttes Land & Livestock Co.
Wyoming Supreme Court
Error to District Court, Albany County; Hon. V. J. Tidball, Judge. Action by Tames P. Van Buskirk against the Red Buttes Land and Live Stock Company. Judgment for defendant and plaintiff brings error. The facts are stated in the opinion. - The rights of the parties have been adjudicated by the Board of Control, a fact admitted by the pleadings.
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Error to District Court, Albany County; Hon. V. J. Tidball, Judge. Action by Tames P. Van Buskirk against the Red Buttes Land and Live Stock Company. Judgment for defendant and plaintiff brings error. The facts are stated in the opinion. - The rights of the parties have been adjudicated by the Board of Control, a fact admitted by the pleadings. Defendant in error has violated the rights of plaintiff, as fixed by said adjudication ; the trial court erred in giving instructions Nos. 1 and 2 which in substance informed the jury that plaintiff having failed to call upon the water commissioner to…
1Opinion of the Court
Potter, Chief Justice.
This action was brought in the district court by the plaintiff in error, James P. Van Buskirk, against The Red B’uttes Land and Live Stock Company, a corporation, defendant in error, for the recovery of damages for the alleged wrongful diversion of the waters of Five Mile Creek and Willow1 Creek, in Albany county in this state, during the years 19TO, 1911 and 1912, to the injury of the plaintiff as an appropriator thereof for irrigation purposes, and also for ah injunction to restrain the alleged wrongful diversion in the future. The petition contains three causes of…
Also in this document: Concurrence.
2Cases cited21 opinions
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Farm Investment Co. v. CarpenterWyoming Supreme Court · 1900
- Yunker v. NicholsSupreme Court of Colorado · 1872
- Grover Irrigation & Land Co. v. Lovella Ditch, Reservoir & Irrigation Co.Wyoming Supreme Court · 1913
- Schilling v. RomingerSupreme Court of Colorado · 1878
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3Cited by15 opinions
- Tucker v. Missoula Light & Railway Co.Montana Supreme Court · 1926
- Wyoming Hereford Ranch v. Hammond Packing Co.Wyoming Supreme Court · 1925
- Mays v. District Court ex rel. Butte CountyIdaho Supreme Court · 1921
- Laramie Irrigation & Power Co. v. GrantWyoming Supreme Court · 1932
- Kearney Lake, Land & Reservoir Co. v. Lake DeSmet Reservoir Co.Wyoming Supreme Court · 1971
10 more not listed; retrieve them via the Exa API.