Legal Opinion

Miller v. Wheeler

Washington Supreme Court

Decided August 11, 1909No. 8059PublishedCited by 26 opinions

Appeal from a judgment of the superior court for Chelan county, Steiner, J., entered January 7, 1908, dismissing an action for an injunction respecting waters used for irrigation, after a trial on the merits before the court without a jury.

1Opinion of the CourtChadwick, J.

In 1871 Philip Miller settled upon a tract of land now in Chelan county, Washington. At the time, a prior settler, whose improvements he bought, had appropriated and diverted about one hundred miner’s inches of water, then flowing in the Quil-toc-chin, latterly called the Squillchuck, a small stream flowing out of the mountains across the Wenatchee valley and into the Columbia river. Thereafter, before the intervention of other rights, he dug a larger ditch, and appropriated and put to beneficial use three hundred and twenty miner’s inches, measured under six-inch pressure.

*431In the summer of…

2Cases cited16 opinions

  1. Simmons v. WintersOregon Supreme Court · 1891
  2. Butte Canal & Ditch Co. v. VaughnCalifornia Supreme Court · 1858
  3. Platte Valley Irrigation Co. v. Buckers Irrigation, Milling & Improvement Co.Supreme Court of Colorado · 1898
  4. Barrows v. FoxCalifornia Supreme Court · 1893
  5. Power v. SwitzerMontana Supreme Court · 1898

11 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. PUBLIC UTILITY DIST. v. State, Dept. of EcologyWashington Supreme Court · 2002
  2. Public Utility District No. 1 v. Department of EcologyWashington Supreme Court · 2002
  3. Bounds v. CarnerNew Mexico Supreme Court · 1949
  4. Okanogan Wilderness League, Inc. v. Town of TwispWashington Supreme Court · 1997
  5. Reno v. RichardsIdaho Supreme Court · 1918

21 more not listed; retrieve them via the Exa API.

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