Gerber v. Nampa & Meridian Irrigation District
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Ed. L. Bryan, Judge of the Seventh Judicial District, presiding. Application for writ of mandate to compel the delivery of water to plaintiff. Judgment for plaintiff and defendant appeals.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Ed. L. Bryan, Judge of the Seventh Judicial District, presiding. Application for writ of mandate to compel the delivery of water to plaintiff. Judgment for plaintiff and defendant appeals. Where waste water is furnished by a canal company to an applicant under a sale and rental thereof, “the same becomes a dedication only of such waste water; and the user thereof can only maintain an action against the canal company compelling the company to furnish the user with such waste water, if any, and cannot compel the…
1Opinion of the Court
MacLANE, District Judge.
This is an application for a writ of mandate to compel the defendant, an irrigation district, to supply plaintiff with water, a right to which he claims to have established by payment of rentals and actual use on his land during the years 1904, 1905 and 1906.
The case has been here before and is reported in 16 Ida. 1, 22, 100 Pac. 80, 88. The facts are fully stated in that opinion and the law applicable to those facts is established conclusively for the purposes of this case, at least. The case was there remanded for a new trial, and the only question which arises now…
2Cases cited1 opinion
- Gerber v. Nampa & Meridian Irrigation DistrictIdaho Supreme Court · 1908
3Cited by15 opinions
- Mathers v. MathersIdaho Supreme Court · 1926
- Yaden v. Gem Irrigation DistrictIdaho Supreme Court · 1923
- Creem v. Northwestern Mutual Fire Ass'nIdaho Supreme Court · 1937
- Jensen v. Boise-Kuna Irr. Dist.Idaho Supreme Court · 1954
- Brinton v. JohnsonIdaho Supreme Court · 1925
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