Legal Opinion

James v. Goodenough

Nevada Supreme Court

Decided January 15, 1872PublishedCited by 5 opinions

Appeal from the District Court of the Second Judicial District, Douglas County. This was an action against Andrew Goodenough, Samuel Bell and Edward Cassity, fop diversion of the waters of Hartshorn Creek, in Douglas County, asking damages in the sum of five hundred dollars, and for an injunction to restrain further diversion.

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Appeal from the District Court of the Second Judicial District, Douglas County. This was an action against Andrew Goodenough, Samuel Bell and Edward Cassity, fop diversion of the waters of Hartshorn Creek, in Douglas County, asking damages in the sum of five hundred dollars, and for an injunction to restrain further diversion. The court below found that the plaintiff and his grantors appropriated the waters of the creek in 1853, for irrigating purposes; that in June, 1865, he and Henry Epstein recorded a claim 'for seventy inches of the waters of the creek, and appropriated such seventy…

1Opinion of the Court

By the Court,

Garber, J.:

The plaintiff obtained a decree enjoining the defendants from diverting the water of a certain creek. The complaint alleges, among other'things, that, in June, 1865, the plaintiff and one Epstein recorded a claim to all the water of said stream, and, within a reasonable time thereafter, constructed a flume leading from the channel . of the creek to the land of the plaintiff before described, into which they turned and through which they conducted said water over and upon said land, for the purpose of irrigating the same; and that the *327plaintiff had acquired all the…

2Cases cited1 opinion

  1. Patterson v. Keystone Mining Co.California Supreme Court · 1866

3Cited by5 opinions

  1. Kentucky Independent Oil v. Schnitzler, AdministratorCourt of Appeals of Kentucky (pre-1976) · 1925
  2. Snyder v. GarrettNevada Supreme Court · 1941
  3. State v. SadlerNevada Supreme Court · 1890
  4. David v. Robert Dollar Co.Court of Appeals for the Ninth Circuit · 1924
  5. Sadler v. StateNevada Supreme Court · 1896

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