Gillespie v. Wheatland Industrial Co.
Wyoming Supreme Court
Error to the District Court, Laramie County; Hon. Roderick N. Matson, Judge. Alexander B. Gillespie brought the action against the Wheatland Industrial Co., a corporation, to recover damages for the death of cattle belonging to the plaintiff caused by their falling into an open ditch upon uninclosed land owned, by the defendant. From a judgment for the defendant the plaintiff brought error. The other material facts are stated in the opinion.
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Error to the District Court, Laramie County; Hon. Roderick N. Matson, Judge. Alexander B. Gillespie brought the action against the Wheatland Industrial Co., a corporation, to recover damages for the death of cattle belonging to the plaintiff caused by their falling into an open ditch upon uninclosed land owned, by the defendant. From a judgment for the defendant the plaintiff brought error. The other material facts are stated in the opinion. The failure of the company to guard the excavation was the natural and proximate cause of the injury to and loss of the cattle, and not the storm. (Ditch…
1Opinion of the Court
Beard, Justice-.
In this action the plaintiff in error, who was plaintiff below, sought to recover damages for the loss of certain cattle which fell into a ditch and were killed. So far as necessary to understand the question presented here, the facts as stated in the petition are, that the defendant owned, operated and constructed a certain reservoir and irrigation works; that it constructed a spillway in the reservoir for the purpose of carrying off the surplus waters accumulating therein and that great quantities of water from said spillway flowed across a certain section of land, causing a…
2Cases cited15 opinions
- Overholt v. ViethsSupreme Court of Missouri · 1887
- Witte v. StifelSupreme Court of Missouri · 1895
- Young v. HarveyIndiana Supreme Court · 1861
- Beinhorn v. GriswoldMontana Supreme Court · 1902
- Hughes v. Hannibal & St. Jo. R. R.Supreme Court of Missouri · 1877
10 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Orr Ditch & Water Co. v. Justice Court of Reno TownshipNevada Supreme Court · 1947
- Andersen,. v. Two Dot Ranch, Inc.Wyoming Supreme Court · 2002
- Sanford v. Arjay Oil Co.Wyoming Supreme Court · 1984
- Harmony Ditch Co. v. SweeneyWyoming Supreme Court · 1924
- Garretson v. AveryWyoming Supreme Court · 1918