Atchison v. Peterson
Montana Supreme Court
Appeal from the Third District, Lewis and Clarice County. This case was tried by the court, Wade, J., iu November, 1871, who rendered a judgment for Peterson, and Atchison appealed. The facts appear in the opinion. Appellants were injured by the filling in of the ditch with sand and sediment, which required the services of one man extra to keep the sand out, and diminished the capacity of the ditch, and caused more labor to clean out the ditch in the spring.
Read the full summary
Appeal from the Third District, Lewis and Clarice County. This case was tried by the court, Wade, J., iu November, 1871, who rendered a judgment for Peterson, and Atchison appealed. The facts appear in the opinion. Appellants were injured by the filling in of the ditch with sand and sediment, which required the services of one man extra to keep the sand out, and diminished the capacity of the ditch, and caused more labor to clean out the ditch in the spring. The court below ignored the evidence upon these points. Appellants were compelled, in the summer of 1871, to reduce the price of water…
1Opinion of the CourtWade, C. J.
This is a suit brought by the owners of the Helena Water Hitch Company against the -defendants, for an injunction to restrain their mining operations on the upper Ten Mile creek. The plaintiffs’ ditch taps the creek about fifteen miles below the mines of defendants, on the same stream, and the plaintiffs claim to be the prior appropriators of the waters of the creek or so much thereof as is necessary for the purposes of the ditch, and that the mining operations *565of the defendants injure and damage the waters of the stream, and the ditch of the plaintiffs.
The testimony of the plaintiffs…
2Cases cited2 opinions
- Hill v. SmithCalifornia Supreme Court · 1865
- Bear River & Auburn Water & Mining Co. v. New York Mining Co.California Supreme Court · 1857
3Cited by9 opinions
- Middle Creek Ditch Co. v. HenryMontana Supreme Court · 1895
- Thomas v. BallMontana Supreme Court · 1923
- 79 Ranch, Inc. v. PitschMontana Supreme Court · 1983
- Smith v. Hope Mining Co.Montana Supreme Court · 1896
- Fitzpatrick v. MontgomeryMontana Supreme Court · 1897
4 more not listed; retrieve them via the Exa API.