Rogers v. Cook
Utah Supreme Court
Appeal from a judgment of the district court of the-first district and from an order refusing a new trial. The facts in regard to the question of evidence, shown by the record, are as follows; Witness, Roswell Rogers, testified on his direct examination, as follows; “My father took the water out of the main ditch when the water first came over the hill at a. point about fifty yards from Mr. Moore’s house. It ran from there down in an old road. Have taken it out myself.
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Appeal from a judgment of the district court of the-first district and from an order refusing a new trial. The facts in regard to the question of evidence, shown by the record, are as follows; Witness, Roswell Rogers, testified on his direct examination, as follows; “My father took the water out of the main ditch when the water first came over the hill at a. point about fifty yards from Mr. Moore’s house. It ran from there down in an old road. Have taken it out myself. Took out nearly the whole stream; sometimes used it one day and a night, sometimes two days. It was generally turned off by…
1Opinion of the Court
MINER, J.:
This action was brought by the plaintiff against the defendant to determine his right to one-sixth of the waters of Alta ditch. Plaintiff claims one-twelfth of the water as an original appropriator about the year 1880, and the remaining one-twelfth by purchase from Isaac McEwin in 1888. The defendants concede the right to the twelfth obtained by purchase, but deny that plaintiff obtained any water by appropriation; so that the only question involved is whether plaintiff appropriated one-twelfth of the water he claims. The trial court accorded plaintiff one-sixth of the water of Alta…
2Cases cited1 opinion
- Slater v. CraganUtah Supreme Court · 1891