Weidensteiner v. Mally
Washington Supreme Court
Appeal from a judgment of the superior court for Stevens county, Carey, J., entered February 1, 1909, in favor of the defendants, after a trial on the merits before the court without a jury, dismissing an action to restrain the diversion of the waters of a ditch.
1Opinion of the CourtMount, J.
In the year 1890, the appellant and the respondents settled and filed government homesteads upon adjoining claims, of one hundred and sixty acres each, in Stevens county. A small creek, known as Grouse creek, flowed through the respondents’ land. This creek did not touch the land of the appellant. Government patents were *80issued to the parties in 1897 and 1898. In the year 1902, after the parties had settled and filed upon their land, the appellant requested permission from the respondents to take water out of Grouse creek and convey the same across the land of the respondents to his own land,…
2Cases cited4 opinions
- Benton v. JohncoxWashington Supreme Court · 1897
- Prentice v. McKayMontana Supreme Court · 1909
- Hathaway v. Yakima Water, Light & Power Co.Washington Supreme Court · 1896
- Atkinson v. Washington Irrigation Co.Washington Supreme Court · 1906
3Cited by3 opinions
- Enterprise Irrigation District v. Tri-State Land Co.Nebraska Supreme Court · 1912
- Bachman v. Reynolds Irrigation DistrictIdaho Supreme Court · 1936
- Weitensteiner v. EngdahlWashington Supreme Court · 1923