Union Electric Co. v. Lovell Livestock Co.

Plaintiff, a public utility, owns and operates a hydroelectric plant in Beaverhead county, and supplies its customers with electricity. For the development of power for the operation of its plant it impounds the waters of what is known as Lovell’s Warm Springs and Brown’s Springs. It owns one acre of ground on which its plant is located, and this is surrounded by lands owned by the defendant. Below the power plant the waters are discharged into a ditch upon defendant’s land and conducted across defendant’s land into what is known as the Sturgis ditch, and from thence into the Beaverhead…