Legal Opinion

Lakeside Irr. Co. v. Kirby

Court of Appeals of Texas

Decided April 15, 1914No. 5282PublishedCited by 11 opinions

Appeal from District Court, Colorado County; M. Kennon, Judge. Suit by John H. Kirby against the Lakeside Irrigation Company. Judgment for plaintiff, and defendant appeals.

1Opinion of the CourtMoursund, J.

This appeal is from a judgment permanently and perpetually enjoining appellant from diverting water from Eagle Lake in such a way as to lower the level thereof and from pumping any water out of said lake unless it concurrently pumps an equal amount of water into the same. Eagle Labe is a natural lake with a normal area of 1,250 acres or more, entirely owned by private citizens. The appellee owns 700 acres out of the P. Reels survey, including 552 acres covered by the waters of the lake 'and 148 acres bordering on the lake. Appellant owns 452 acres out of the McLain & Mc-Nair league covered by…

2Cases cited6 opinions

  1. Sumner v. CrawfordTexas Supreme Court · 1897
  2. Watkins Land Co. v. ClementsTexas Supreme Court · 1905
  3. Boehmer v. Big Rock Irrigation DistrictCalifornia Supreme Court · 1897
  4. Sullivan v. DooleyCourt of Appeals of Texas · 1903
  5. Biggs v. MillerCourt of Appeals of Texas · 1912

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Texas Farm Bureau Cotton Ass'n v. StovallTexas Supreme Court · 1923
  2. Brazos River Conservation & Reclamation District v. AllenTexas Supreme Court · 1943
  3. Hill v. BrownCourt of Appeals of Texas · 1920
  4. Hidalgo County Water Improvement Dist. No. 2 v. Cameron County Water Control & Improvement Dist. No. 5Court of Appeals of Texas · 1952
  5. Tilden v. SmithSupreme Court of Florida · 1927

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API