Tucker v. Missoula Light & Railway Co.

Appeal from a judgment on verdict in the sum of $22,726.90 damages for the 'wrongful and unlawful diversion and use of water during the irrigating seasons of 1922, 1923 and 1924.

The complaint contains three causes of action, one for each of the years mentioned, which are practically identical, except as to the dates and the damages alleged to have been suffered. Each cause of action alleged that at the times mentioned plaintiff was in the lawful possession of 1,356 acres of laijd in sections 2, 11, 12, 13 and 14, in township 13 north of range 19 west in Missoula county, of which 175 acres…