Noteware v. Sterns
Montana Supreme Court
Appeal from, the First District, Madison County. The facts appear in the opinion. Judgment was rendered in August, 1870, by Warren, J. Congress has granted the appellants the right of way for the construction of then' ditch over the public domain possessed by respondent. 14 U. S. Stat. 253, § 9. The words “right of way,” are used in other statutes by congress, and are to be construed the same. 14 U. S. Stat. 94, § 1; 240, § 3 ; 290, § 6 ; 294, § 2 ; Doran v. Central P. B.…
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Appeal from, the First District, Madison County. The facts appear in the opinion. Judgment was rendered in August, 1870, by Warren, J. Congress has granted the appellants the right of way for the construction of then' ditch over the public domain possessed by respondent. 14 U. S. Stat. 253, § 9. The words “right of way,” are used in other statutes by congress, and are to be construed the same. 14 U. S. Stat. 94, § 1; 240, § 3 ; 290, § 6 ; 294, § 2 ; Doran v. Central P. B. Co., 24 Cal. 259. This law is to be construed according to the intent of congress and the object in view. Sedgwi Stat.…
1Opinion of the CourtSymes, J.
This was an action for damages and a perpetual injunction, for filling up and injuring the water-ditch of plaintiffs. The complaint alleged, in substance, that plaintiffs were the owners of a certain water-ditch in Alder gulch, and dams and reservoirs; that, for the purpose of running the water of said ditch to their mining ground, they commenced the construction of an additional ditch; that, in order to run said ditch to their mining ground, it was necessary to construct the same across the mining ground of defendant; that they went upon defendant’s ground and constructed some portion of…
2Cited by5 opinions
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- Barber v. BriscoeMontana Supreme Court · 1888
- Sherman v. HigginsMontana Supreme Court · 1888
- Miocene Ditch Co. v. JacobsonDistrict Court, D. Alaska · 1905