Strait v. Brown
Nevada Supreme Court
Appeal from the District Court of the Fifth Judicial District, Nje County. The facts sufficiently appear in the opinion. I. The spring being the source of the stream, and being connected with it by subterranean channels, is in law part of it; and defendants have no more light to turn the water out of the springs than out of the stream itself. (Ang. on Waterc., sec. 112 a, b, c; Wheatley v. Baugh, 25 Pa.
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Appeal from the District Court of the Fifth Judicial District, Nje County. The facts sufficiently appear in the opinion. I. The spring being the source of the stream, and being connected with it by subterranean channels, is in law part of it; and defendants have no more light to turn the water out of the springs than out of the stream itself. (Ang. on Waterc., sec. 112 a, b, c; Wheatley v. Baugh, 25 Pa. St. 528; Arnold v. Foot, 12 Wend. 330; Smith v. Adams, 6 Paige, 435; Frazer v. Broion, 12 Ohio St. 300; Brown v. lllius, 25 Conn. 583..) II. The principle governing percolating waters has no…
1Opinion of the Court
By the Court,
Belknap, J.:
This is a suit in equity to establish the right of the plaintiff to the waters of Duckwater creek. The sources of this creek are springs, known as the “Warm Springs,” the waters of which, after running a short distance'through a natural surface channel, are discharged into a large slough. This slough has no natural surface outlet. Its westerly border consists of concretionary limestone, formed by the waters,' and this formation extends to the defined surface channel of the creek, a distance of about half a mile. The land thereby embraced is a portion of the unoccupied…
2Cases cited2 opinions
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- Ryan v. QuinlanMontana Supreme Court · 1912
- Geddis v. ParrishWashington Supreme Court · 1889
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