Wood v. Lowney
Montana Supreme Court
Appeal from District Court, Mavalli County. Fro/nh 1L Woody, Judge. Action by Albert H. Wood against Kate Lowney, C. C. Lowney, and Cornelius Harrington. Plaintiff obtained judgment. Defendants appeal. Statement of the case by the justice delivering the opinion. This action was brought by plaintiff to determine the right to the use of waters of the South Fork of Burnt Fork creek, in Ravalli county.
Read the full summary
Appeal from District Court, Mavalli County. Fro/nh 1L Woody, Judge. Action by Albert H. Wood against Kate Lowney, C. C. Lowney, and Cornelius Harrington. Plaintiff obtained judgment. Defendants appeal. Statement of the case by the justice delivering the opinion. This action was brought by plaintiff to determine the right to the use of waters of the South Fork of Burnt Fork creek, in Ravalli county. Plaintiff averred his right to the use of 200 inches of the waters of said creek through an appropriation by his predecessors in interest, made in the spring of 1883. The defendant Harrington…
1Opinion of the CourtHunt, J.
Our labors in the case before us would have been somewhat simplified, and, indeed, would be generally simplified in water right cases, by having incorporated into the record a diagram of the situation of the ditches over which the litigation has arisen. Witnesses upon the trial of such causes are apt to presume that the jurors and the trial judge have some personal knowledge of the lay of the land, and of the ditches conducting water thereto. This assumption is perhaps often well taken as applied to jurymen, who frequently know the more important ditches and water claims in in their counties,…
2Cases cited2 opinions
- Middle Creek Ditch Co. v. HenryMontana Supreme Court · 1895
- McDonald v. LannenMontana Supreme Court · 1897
3Cited by13 opinions
- State v. Spotted HawkMontana Supreme Court · 1899
- Smith v. DenniffMontana Supreme Court · 1900
- St. Onge v. BlakelyMontana Supreme Court · 1926
- Toohey v. CampbellMontana Supreme Court · 1900
- Norman v. CorbleyMontana Supreme Court · 1905
8 more not listed; retrieve them via the Exa API.