Toohey v. Campbell

Plaintiff, who is the respondent here, brought this action against defendants (appellants) to establish his right to the use of 200 inches of the waters of the East Gallatin river, flowing through what is known as the ‘ ‘Flannery Ditch, ’ ’ in Gallatin county. Defendants answered, denying plaintiff’s right to the use of said waters or said ditch, and setting up their own claims to certain lands, and the use of certain waters from the said East Gallatin river, through the said Flannery ditch. B. Graham intervened, claiming a right to use certain water through said ditch, and denying…