Boynton v. Longley
Nevada Supreme Court
Appeal from the District Court of the Seventh Judicial District, Washoe County. The facts are sufficiently stated in the opinion. I. Irrigation in this state is a necessity to the cultivation of the soil, and therefore a right incident to the ownership and cultivation of land. If the owner of the land has the right to cultivate it, he has the right to do that -yrhich is indispensable to irrigation, to wit, irrigate.
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Appeal from the District Court of the Seventh Judicial District, Washoe County. The facts are sufficiently stated in the opinion. I. Irrigation in this state is a necessity to the cultivation of the soil, and therefore a right incident to the ownership and cultivation of land. If the owner of the land has the right to cultivate it, he has the right to do that -yrhich is indispensable to irrigation, to wit, irrigate. (Barnes v. Sabron, 10 Nev. 243; Union M. & M. Co. v. Ferris, 2 Saw. 191.) II. Every man has the right to beneficially use his own, and if in such use another is damaged, the law…
1Opinion of the Court
By the Court,
Hawley, J.:
This case presents an interesting question which has never been decided in this state. Appellant is the owner of certain lands which require irrigation, and the water used for this purpose flows, by the laws of gravitation, onto the adjacent- and lower lands owned and cultivated by respondent. This action was instituted by respondent to recover damágestíFhis' land and crops alleged to have been caused by the waste water flowing from appellant’s land, and for an'injunction. The facts as found by the court, at the request of plaintiff, are as follows: “ That plaintiff…
2Cases cited3 opinions
- Livingston v. McDonaldSupreme Court of Iowa · 1866
- Blaisdell v. StephensNevada Supreme Court · 1879
- Shane v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1879
3Cited by19 opinions
- Union Mill & Mining Co. v. DangbergU.S. Circuit Court for the District of Nevada · 1897
- Loosli v. HesemanIdaho Supreme Court · 1945
- Salem Mills Co. v. LordOregon Supreme Court · 1902
- Hall v. TaylorIdaho Supreme Court · 1937
- Last Chance Ditch Co. v. SawyerIdaho Supreme Court · 1922
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