Howell v. Big Horn Basin Colonization Co.
Wyoming Supreme Court
Error to the District Court, Sheridan County, Hon. Joseph E. Stotts, Judge. Action for damages to land caused by alleged overflow, leakage and seepage of water from an irrigating ditch and reservoir constructed and maintained by the defendant. From a judgment in favor of defendant, the plaintiff brought error.
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Error to the District Court, Sheridan County, Hon. Joseph E. Stotts, Judge. Action for damages to land caused by alleged overflow, leakage and seepage of water from an irrigating ditch and reservoir constructed and maintained by the defendant. From a judgment in favor of defendant, the plaintiff brought error. It was not incumbent upon the plaintiff in error to construct drainage ditches to carry the water away from his land which was coming upon it from defendant’s ditch .system, nor could it be successfully urged that the defendant would have the right to go upon plaintiff’s land and…
1Opinion of the Court
Potter, Chief Justice.
This is a proceeding in error for the review of a judgment rendered by the District Court sitting in Big Horn. County in an action brought by Joseph M. Howell against the Big Horn Basin Colonization Company, a corporation, to recover damages for alleged injuries to a tract of land owned by the plaintiff caused by overflow, leakage and seepage of water from an irrigating ditch and reservoir constructed and maintained by the defendant. The cause was tried to the court without a jury, and upon the findings of fact and conclusions of law, separately stated in writing,…
Also in this document: Concurrence.
2Cases cited14 opinions
- Chidester v. Consolidated Ditch Co.California Supreme Court · 1881
- Reed v. . the StateNew York Court of Appeals · 1888
- McCarty v. Boise City Canal Co.Idaho Supreme Court · 1886
- Shields v. Orr Extension Ditch Co.Nevada Supreme Court · 1897
- Lisonbee v. Monroe Irrigation Co.Utah Supreme Court · 1899
9 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- ABC Builders, Inc. v. PhillipsWyoming Supreme Court · 1981
- Eaves v. City of OttumwaSupreme Court of Iowa · 1949
- Jacoby v. City of GilletteWyoming Supreme Court · 1946
- Fleming v. LockwoodMontana Supreme Court · 1907
- Middelkamp v. Bessemer Irrigating Co.Supreme Court of Colorado · 1909
32 more not listed; retrieve them via the Exa API.