Crescent Mining Co. v. Silver King Mining Co.
Utah Supreme Court
Appeal from district court, Salt Lake county; Ogden Hiles, Judge. Action by the Crescent Mining' Company against the Silver King Mining Company. Judgment for defendant. Plaintiff appeals. This prescriptive period of seven years is fixed by law. But, we understand, it is contended on the other side that this statute, by the general principles of law, ought to be confined to natural water courses. But that is not the law.
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Appeal from district court, Salt Lake county; Ogden Hiles, Judge. Action by the Crescent Mining' Company against the Silver King Mining Company. Judgment for defendant. Plaintiff appeals. This prescriptive period of seven years is fixed by law. But, we understand, it is contended on the other side that this statute, by the general principles of law, ought to be confined to natural water courses. But that is not the law. It has been expressly decided that prescriptive rights at common law can be acquired both in the artificially increased flow of a stream and in an artificial stream. Smith v.…
1DissentMoCarty, District Judge
I concur in the judgment in so far as it affirms that part of the decree and judgment of the trial court awarding defendant the water in dispute that issues from the Jeanette and Thayne tunnel, situate and being on defendant’s mining claim, but dissent from that part of the decision holding that plaintiff is not entitled to equitable relief restraining defendant from maintaining its pipe line across and through plaintiff’s mining claims. The trial court found that plaintiff is the owner, in possession, and entitled to the possession, of the mining property across and through which defendant’s…
2Cases cited11 opinions
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Walling v. . MillerNew York Court of Appeals · 1888
- Shepard v. Manhattan Railway Co.New York Court of Appeals · 1889
- Richards v. DowerCalifornia Supreme Court · 1883
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