Mau v. Stoner
Wyoming Supreme Court
Error to the District Court, Uinta County, Hon. David H. Craig, Judge. Frank A. Mau brought suit against John W. Stoner for damages for the alleged wrongful diversion of water and for an injunction. A demurrer to the petition was overruled, and defendant answered denying all the allegations of the petition except plaintiff’s ownership of the land alleged to belong to him upon which the damage was alleged to have resulted.
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Error to the District Court, Uinta County, Hon. David H. Craig, Judge. Frank A. Mau brought suit against John W. Stoner for damages for the alleged wrongful diversion of water and for an injunction. A demurrer to the petition was overruled, and defendant answered denying all the allegations of the petition except plaintiff’s ownership of the land alleged to belong to him upon which the damage was alleged to have resulted. After plaintiff had produced part of his evidence the court, on motion of defendant, directed a verdict for the defendant. Judgment was rendered accordingly, and the…
1Opinion of the Court
Knight, Justice.
This suit was for damages and for permanent injunction, by plaintiff in error against defendant in error, for alleged wrongful diversion of plaintiff’s water from his (plaintiff’s) ditch, resulting in injury to his growing crops in the season of 1900. The petition, after alleging ownership of ditch and appropriation of water, sets out certain procedure which if met, or in case error had been predicated thereon, would require the consideration and possibly the construction of our laws as to the appropriation of water, but as no issue was raised except by the allegations and a…
2Cases cited3 opinions
- Riner v. New Hampshire Fire InsuranceWyoming Supreme Court · 1900
- Riner v. New Hampshire Fire InsuranceWyoming Supreme Court · 1901
- Mulhern v. Union Pacific RailroadWyoming Supreme Court · 1882
3Cited by2 opinions
- Mau v. StonerWyoming Supreme Court · 1906
- Williamson v. HollowaySupreme Court of Oklahoma · 1918