Legal Opinion
Denver & Rio Grande Western R. Co. v. Himonas
Court of Appeals for the Tenth Circuit
Decided July 28, 1951No. 4242PublishedCited by 4 opinions
1Opinion of the Court
MURRAH, Circuit Judge.
The appellee, a farmer and rancher near Sunnyside, Utah, sued the appellant Railroad Company, claiming a prescriptive right for the use and maintenance of an irrigation flume across the Railroad’s right of way. It was alleged that since 1926, the appellee and his predecessors in interest had used the flume as a part of his irrigation ditch to take surface or flood water from Grassy Trail Creek on the east side of the railroad, to the west side, where it was stored in three reservoirs on the appellee’s land for irrigation and livestock watering purposes. Then it was…
2Cases cited12 opinions
- Adamson Et Ux. v. BrockbankUtah Supreme Court · 1947
- Cleary v. ShandUtah Supreme Court · 1916
- Chicago, Burlington & Quincy Railroad v. McPhillameyWyoming Supreme Court · 1911
- Himonas v. Denver & R. G. W. R. Co.Court of Appeals for the Tenth Circuit · 1949
- Naylor v. FloorUtah Supreme Court · 1918
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3Cited by4 opinions
- Justheim Petroleum Co. v. HammondCourt of Appeals for the Tenth Circuit · 1955
- Commissioner v. FinleyCourt of Appeals for the Tenth Circuit · 1959
- Commissioner of Internal Revenue v. R. E. L. Finley, Commissioner of Internal Revenue v. Jerline Dick Finley, Commissioner of Internal Revenue v. R. E. L. Finley and Jerline Dick Finley, Robert Wesley Finley v. Commissioner of Internal Revenue, Commissioner of Internal Revenue v. Jacqueline Finley O'shea, Dan M. O'shea, Dan M. O'Shea and Jacqueline Finley O'shea, Harry L. Berry, Irene Dick Berry, Harry L. Berry and Irene Dick Berry, and Dick L. BerryCourt of Appeals for the Tenth Circuit · 1959
- Justheim Petroleum Company, a Corporation v. Laurence Hammond and C. D. Flournoy and Milford Giffin, a Partnership Doing Business as Flournoy and Giffin, Clarence I. Justheim v. Laurence Hammond and C. D. Flournoy and Milford Giffin, a Partnership Doing Business as Flournoy and GiffinCourt of Appeals for the Tenth Circuit · 1955