Legal Opinion

Elkhart Paper Co. v. Fulkerson

Indiana Court of Appeals

Decided October 6, 1905No. 5,001PublishedCited by 12 opinions

From Elkhart Circuit Court; Joseph D. F err all, Judge. Action by Fremont Fulkerson against the Elkhart Paper Company. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtMyers, P. J.

At the time of the commencement of this action and for some time prior thereto appellee was the lessee, and Sage & Sage lessors of a flour-mill in the *221city of Elkhart, propelled by water furnished by means of a canal or race from the St. Joseph river. Appellant owned a paper-mill run by water taken from the same canal, at a point above the mill of appellee. Appellee claimed that appellant took water which rightfully belonged to him, and by reason of the unlawful appropriation of the water by appellant he was compelled to close his mill during certain months of the years 1895 and 1896, to his…

2Cases cited17 opinions

  1. Denney v. State ex rel. BaslerIndiana Supreme Court · 1896
  2. Slater v. . MersereauNew York Court of Appeals · 1876
  3. Cincinnati, Hamilton & Indianapolis Railroad v. MaddenIndiana Supreme Court · 1893
  4. Reed v. StateIndiana Supreme Court · 1895
  5. City of Valparaiso v. MoffittIndiana Court of Appeals · 1895

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3Cited by12 opinions

  1. Echterling Et Ux. v. Kalvaitis Et Ux.Indiana Supreme Court · 1955
  2. Walker Hospital v. PulleyIndiana Court of Appeals · 1920
  3. Indianapolis & Northwestern Traction Co. v. HendersonIndiana Court of Appeals · 1906
  4. Wabash Railroad v. PriddyIndiana Supreme Court · 1913
  5. Delaware & Madison Counties Telephone Co. v. FiskeIndiana Court of Appeals · 1907

7 more not listed; retrieve them via the Exa API.

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