Proctor v. Jennings
Nevada Supreme Court
Appeal from the District Court of the Eirst Judicial District, Storey County. The facts are fully stated in the opinion. I. The defendant so using the water after it had passed plaintiff’s mill as not to interfere with plaintiff’s rights, became as to that use the prior appropriator, and the rights of the parties could not be changed by any subsequent act of plaintiff, or any other person. (Gary v. Daniels, 8 Met. [Mass.] 478 ; MoKenney v. Smith, 21 Cal. 374.) II.
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Appeal from the District Court of the Eirst Judicial District, Storey County. The facts are fully stated in the opinion. I. The defendant so using the water after it had passed plaintiff’s mill as not to interfere with plaintiff’s rights, became as to that use the prior appropriator, and the rights of the parties could not be changed by any subsequent act of plaintiff, or any other person. (Gary v. Daniels, 8 Met. [Mass.] 478 ; MoKenney v. Smith, 21 Cal. 374.) II. Defendant has made no change in the extent of his appropriation, nor in the mode of using the water. The rights of the plaintiff…
1Opinion of the Court
By the Court,
Lewis, C. J.:
1st. “ In the year 1865, the plaintiff constructed a water mill upon Six Mile Canon, the motive power of the same being the water of the stream of said canon, conducted therefrom by a ditch leading from a point above the mill to the said water wheel. After passing over said wheel, the water fell into the channel of said stream and passed on down the same, there being sufficiént fall from the bottom of the wheel to the channel, and from there down sufficient grade to the channel, to enable the water leaving the wheel to pass off freely and without obstructing the…
2Cases cited1 opinion
- Bell v. M'ClintockSupreme Court of Pennsylvania · 1839
3Cited by17 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. ClarkIndiana Court of Appeals · 1912
- Union Mill & Mining Co. v. DangbergU.S. Circuit Court for the District of Nevada · 1897
- Nickey v. SteuderIndiana Supreme Court · 1905
- Vansickle v. HainesNevada Supreme Court · 1872
- McCall v. PorterOregon Supreme Court · 1902
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