State ex rel. O'Shea v. Farmers' Irrigation District

Relator is the owner of land in the south half of section 18, township 22, range 53, in Scott’s Bluff county, which land is traversed by the irrigation canal of respondent. About 120 acres lie north and about 26 acres south of the canal. Relator brought this action in the district court for Scott’s Bluff county to compel respondent to construct a bridge across the canal so as to connect the two tracts of land. From a judgment denying a writ and dismissing-his action, he appeals.

The action is based on the provisions of section 3438,. Rev. St. 1913, viz.: “Any person, company, corporation, or…