American Rio Grande Land & Irrigation Co. v. Mercedes Plantation Co.
Court of Appeals of Texas
Appeal from District Court, Nueces County; W. B. Hopkins, Judge. Action by the Mercedes Plantation Company against the American Rio Grande Land & Irrigation Company. From a judgment for plaintiff, defendant appeals.
1Opinion
On Motion for Rehearing.
Appellant contends that, in this opinion, we are in conflict with Granger v. Kishi, 139 S. W. 1002. But the two cases are in no way inconsistent. On the contrary, in the Kishi Case the court stated the same doctrine as here announced, but concluded that the appellant had not constructed and was not “operating and maintaining an irrigation plant under the provisions of chapter 2, tit. 60, R. S. 1895.” The court said: “For aught that appears, Kishi is simply the owner of an irrigation canal with a lateral running through and maintained on appellant’s land with…
2Cases cited1 opinion
- Granger v. KishiCourt of Appeals of Texas · 1911