Sheehan v. Kasper
Nevada Supreme Court
Appeal from Sixth Judicial District Court, Humboldt County; E. A. Ducker, Judge. Action by J. Sheehan and John G. Taylor, copartners, doing business under the name and style of Taylor & Sheehan, against S. B. Kasper. From judgment for plaintiffs, and an order denying his motion for a new trial, defendant appeals.
Read the full summary
Appeal from Sixth Judicial District Court, Humboldt County; E. A. Ducker, Judge. Action by J. Sheehan and John G. Taylor, copartners, doing business under the name and style of Taylor & Sheehan, against S. B. Kasper. From judgment for plaintiffs, and an order denying his motion for a new trial, defendant appeals. In this case, there having been no express oral consent nor written consent given to the respondents or their grantors for the building of the ditch in the first instance, their right to maintain the ditch was merely a license, and not an irrevocable license or easement. Being such a…
1Opinion of the Court
By the Court,
Coleman, J.:
Plaintiffs brought suit to restrain the defendant from destroying a certain canal, ditch, and power line. From a judgment and decree as prayed, and from an order denying a motion for a new trial, an appeal is taken.
Plaintiffs contend that they were, and at the time the suit was instituted, and for about fifty years prior thereto they and their predecessors in interest had been, the owners of land in possession of a large tract of land known as the Taylor & Sheehan Ranch, and a certain canal commonly known and called “the Humboldt Canal,” together with a strip of land…
2Cases cited11 opinions
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Broder v. Water Co.Supreme Court of the United States · 1879
- Coffin v. Left Hand Ditch Co.Supreme Court of Colorado · 1882
- Osgood v. El Dorado Water & Deep Gravel Mining Co.California Supreme Court · 1880
- Metcalf v. HartWyoming Supreme Court · 1891
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Clausen v. ArmingtonMontana Supreme Court · 1949
- Masini v. FraserNevada Supreme Court · 1986