O'NEIL v. Northern Colorado Irrigation Co.
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF COLORADO. The case is stated in the opinion. The effect of the construction placed upon the Colorado irrigation acts by the court below was to take the plaintiff’s property without due process and deprive him of the equal protection of the laws.
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ERROR TO THE SUPREME COURT OF THE STATE OF COLORADO. The case is stated in the opinion. The effect of the construction placed upon the Colorado irrigation acts by the court below was to take the plaintiff’s property without due process and deprive him of the equal protection of the laws. Plaintiff had a right to take water from a tributary of the South Platte River in Water District No. 23. By the constitution.and laws of Colorado such a right is recognized as a right of real property. Nichols v. McIntosh, 19 Colorado, 22; Gutheil Park Inv. Co. v. Montclair, 32 Colorado, 420. By a decree of…
1Opinion of the CourtJustice Holmes
This is a complaint brought by the plaintiff in error to quiet his title to alleged water rights on Tarryall Creek, a tributary of the South Platte River, and to enjoin the defendant Irrigation Company and the state officials from closing the plaintiff’s ditch under an assertion of the Irrigation Company’s superior right: The defendants justified under a decree establishing the Irrigation Company’s priority and a statute making the. decree conclusive after four years. The plaintiff replied and argued that the statutes if construed to have the alleged effect took his property without due…
2Cases cited6 opinions
- Chicago & Alton Railroad v. TranbargerSupreme Court of the United States · 1915
- American Land Co. v. ZeissSupreme Court of the United States · 1911
- Sauer v. City of New YorkSupreme Court of the United States · 1907
- Barker v. HarveySupreme Court of the United States · 1901
- Montoya v. GonzalezSupreme Court of the United States · 1914
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3Cited by27 opinions
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- Pennsylvania Fire Insurance v. Gold Issue Mining & Milling Co.Supreme Court of the United States · 1917
- Alvin Lucas, on Behalf of Himself and All Others Similarly Situated v. Wisconsin Electric Power Company, a Wisconsin Public Utility CompanyCourt of Appeals for the Seventh Circuit · 1973
- Williams v. City of WichitaSupreme Court of Kansas · 1962
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