Legal Opinion

Heath v. Diversion Lake Club

Court of Appeals of Texas

Decided November 12, 1930No. 8580PublishedCited by 3 opinions

1Opinion of the CourtCobbs, J.

This is an action by Diversion Lake Club, appellee, to enjoin R. W. Heath and M. L. Matthews and several others, appellants, from trespassing upon lands claimed and operated as a fishing club resort by appellee. Upon a hearing thereof, the trial court granted the application.

This is a particular irrigation enterprise to impound flood waters for irrigation purposes. The state authorized the erection of two dams on the Medina river situated close together. The first and main dam holds the big lake and the second or Diversion dam, situated below the main dam, holds temporarily the water which is…

2Cases cited3 opinions

  1. King v. SchaffCourt of Appeals of Texas · 1918
  2. Knudson v. HullUtah Supreme Court · 1915
  3. Smith v. GodartCourt of Appeals of Texas · 1927

3Cited by3 opinions

  1. Taylor Fishing Club v. HammettCourt of Appeals of Texas · 1935
  2. Roberson v. Red Bluff Water Power Control Dist.Court of Appeals of Texas · 1940
  3. Diversion Lake Club v. HeathCourt of Appeals of Texas · 1933

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