Bader v. Mills & Baker Co.
Wyoming Supreme Court
Appeal from the District Court of Natrona County; Hon. CHARLES E. "WINTER, Judge. Action "by Charles Bader against Mills and Baker Company and another for damages in trespass for an alleged interference and injury to plaintiff’s irrigation ditch and dike resulting in a loss of water supply. There was a judgment for plaintiff and defendant appeals.
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Appeal from the District Court of Natrona County; Hon. CHARLES E. "WINTER, Judge. Action "by Charles Bader against Mills and Baker Company and another for damages in trespass for an alleged interference and injury to plaintiff’s irrigation ditch and dike resulting in a loss of water supply. There was a judgment for plaintiff and defendant appeals. In an action for damages to growing crops the nature of plaintiff’s title should he shown and the trial court erred in overruling appellant’s motion, for a more specific statement. The trial court erred in overruling appellant’s motion to strike…
1Opinion of the Court
Blume, Justice.
The plaintiff in this case, respondent herein, commenced an action against the defendants’ appellants herein, for damages in trespass, claiming that defendant took gravel from or near the natural banks of plaintiff’s irrigating ditch, thereby weakening such banks; that defendant further, by driving across and in other ways- weakened a dam or dike built by plaintiff' which adjoined the foregoing natural bank and was used for .the purpose of forcing, water further down, into plaintiff’s irrigating ditch; that as a result of these acts the high water of the Platte river in June,…
2Cases cited26 opinions
- Costigan v. Mohawk & Hudson Rail-RoadNew York Supreme Court · 1846
- The G. R. BoothSupreme Court of the United States · 1898
- Teller v. Bay and River Dredging Co.California Supreme Court · 1907
- Derby v. FlitnerMassachusetts Supreme Judicial Court · 1875
- International Agri. Cor. v. AbercrombieSupreme Court of Alabama · 1913
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3Cited by25 opinions
- Valley Forge Gardens, Inc. v. James D. Morrissey, Inc.Supreme Court of Pennsylvania · 1956
- TZ Land & Cattle Co. v. CondictWyoming Supreme Court · 1990
- Casey v. Nampa and Meridian Irrigation DistrictIdaho Supreme Court · 1963
- Goodwin v. Upper Crust of Wyoming, Inc.Wyoming Supreme Court · 1981
- Redwine v. FitzhughWyoming Supreme Court · 1958
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