Baker, Fleming & Hubert v. Brown
Texas Supreme Court
Appeal from San Saba. Tried below before the Hon. W. A. Blackburn. Appellants, who were riparian proprietors from the source of Simpson’s creek down to a point above the land of appellee, were accustomed to use the waters of that stream for irrigation. Before irrigation began, the water ran in the channel by the land of Brown. The testimony was conflicting as to the condition of the water of the stream on appellee’s land after irrigation was resorted to by appellants.
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Appeal from San Saba. Tried below before the Hon. W. A. Blackburn. Appellants, who were riparian proprietors from the source of Simpson’s creek down to a point above the land of appellee, were accustomed to use the waters of that stream for irrigation. Before irrigation began, the water ran in the channel by the land of Brown. The testimony was conflicting as to the condition of the water of the stream on appellee’s land after irrigation was resorted to by appellants. Some of the witnesses testified that instead of being a running stream, as formerly, the water stood in holes after irrigation…
1Opinion of the Court
Bonner, Associate Justice.
The gravamen of plaintiff’s action was, that the defendants, who were riparian proprietors above him on Simpson’s creek, had, by irrigating their lands from the creek, stopped the flow of water and caused it to stand in holes along and by his lands, and had deprived him of its use to supply the natural wants of his tenants and stock, and had caused noxious and disagreeable smells and malarial diseases along his lands and in the neighborhood.
An injunction having been prayed for, the judge issued his fiat granting the same as follows:
“•Let a writ of injunction issue…
2Cases cited11 opinions
- Webb v. Portland Manuf'g Co.U.S. Circuit Court for the District of Maine · 1838
- Rhodes v. WhiteheadTexas Supreme Court · 1863
- Wadsworth v. TillotsonSupreme Court of Connecticut · 1843
- Arnold v. FootNew York Supreme Court · 1834
- Gillett v. JohnsonSupreme Court of Connecticut · 1861
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Watkins Land Co. v. ClementsTexas Supreme Court · 1905
- National Cash Register Co. v. RiderTexas Commission of Appeals · 1930
- Jones v. ConnOregon Supreme Court · 1901
- Wiegand v. RiojasCourt of Appeals of Texas · 1977
- Meng v. CoffeeNebraska Supreme Court · 1903
17 more not listed; retrieve them via the Exa API.