Big Goose & Beaver Ditch Co. v. Morrow
Wyoming Supreme Court
ERROR to- the District Court, Sheridan County, Hon. Joseph L. Stotts, Judge. There being no statutory liability,- the ditch owner is liable only at the common law, if at all. He who is prior in time has the better right. Where one locates under the line of a ditch, the rule of coming to a nuisance applies. (Tenny v. Ditch Co., 7 Cal., 335.) A ravine may be used as a ditch.
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ERROR to- the District Court, Sheridan County, Hon. Joseph L. Stotts, Judge. There being no statutory liability,- the ditch owner is liable only at the common law, if at all. He who is prior in time has the better right. Where one locates under the line of a ditch, the rule of coming to a nuisance applies. (Tenny v. Ditch Co., 7 Cal., 335.) A ravine may be used as a ditch. (37 Cal., 263.) As the company was operating its ditch in-the usual way no negligence can be imputed to it. But, if negligent, such negligence was not the proximate cause of the injury. Two of the animals were lost in a…
1Opinion of the Court
Potter, Chief Justice.
Plaintiff in error is a ditch corporation engaged in diverting water, and conducting it upon or to the neighborhood of lands of its stockholders for irrigation. For the purpose of conveying the, water across certain lands of the defendant in error, it employed and adopted, as part of its ditch, a natural depression, draw, or gulch situated on said lands, through which it was unnecessary to resort to excavation, although, as we understand the testimony, the defendant in error, who was a stockholder in the company, had plowed for his own advantage, or caused to be plowed,…
2Cases cited11 opinions
- Richardson v. KierCalifornia Supreme Court · 1867
- Palmer v. GloverIndiana Supreme Court · 1881
- Beedle v. MeadSupreme Court of Missouri · 1883
- Joseph v. AgerCalifornia Supreme Court · 1895
- Arave v. Idaho Canal Co.Idaho Supreme Court · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Krenning v. Heart Mountain Irrigation DistrictWyoming Supreme Court · 2009
- Coulsen v. Aberdeen-Springfield Canal Co.Idaho Supreme Court · 1929
- White v. Wheatland Irrigation DistrictWyoming Supreme Court · 1966
- Eugene C. Walsh and Lois M. Walsh v. United StatesCourt of Appeals for the Ninth Circuit · 1982
- State v. Scott, County Com'r.Wyoming Supreme Court · 1926
7 more not listed; retrieve them via the Exa API.