State Ex Rel. City of Livingston v. State Water Conservation Board

MR. CHIEF JUSTICE HARRISON:

The City of Livingston instituted this proceeding on April 11, 1953, for a writ of mandate to force the State Water Conservation Board to repair and rebuild certain bridges built over and across the ditch owned by the Board where the ditch intersects and crosses certain streets within the corporate limits of the city.

The Livingston Ditch Water Users’ Association intervened in the proceeding to resist the granting of the writ. From a judgment in favor of the City, the Board and the Association appealed.

The facts, material to this appeal, are mostly uncontroverted. In…