Legal Opinion

Cottonwood Ditch Co. v. Thom

Montana Supreme Court

Decided May 14, 1909No. 2,631PublishedCited by 11 opinions

Appeal from District Court, Carbon County; Sydney Fox, Judge. Action by the Cottonwood Diteb Company against Charles Thom. From a judgment for plaintiff, defendant appeals. Before any person can acquire any rights in a right of way over the public domain he must have a vested and accrued water right. The right of way is to be used in connection with the water right. It is simply incident thereto.

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Appeal from District Court, Carbon County; Sydney Fox, Judge. Action by the Cottonwood Diteb Company against Charles Thom. From a judgment for plaintiff, defendant appeals. Before any person can acquire any rights in a right of way over the public domain he must have a vested and accrued water right. The right of way is to be used in connection with the water right. It is simply incident thereto. (United States Rev. Stats.,'sec. 2339; Jennison v. Kirk, 98 U. S. 453, 25 L. Ed. 243; Nipple v. Forker, 26 Colo. 74, 56 Pac. 578; Taylor v. Abbott, 103 Cal. 421, 37 Pac. 408.) An appropriation of…

1Opinion of the CourtJustice Smith

Action to quiet title to the right of way for a ditch, alleged to belong to the plaintiff, and for a perpetual injunction re*117straining the defendant from interfering with the ditch and the right of way therefor. The district court of Carbon county entered its decree in favor of the plaintiff adjudging it to be the owner of the ditch and the right of way therefor and restraining' defendant from interfering therewith, and from such decree an appeal is taken.

It appears that plaintiff is a corporation, and its stockholders are land owners whose lands require water in order to raise crops thereon,…

2Cases cited5 opinions

  1. Jennison v. KirkSupreme Court of the United States · 1879
  2. Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1902
  3. Kittle v. BellegardeCalifornia Supreme Court · 1890
  4. Hamilton v. City of Fond Du LacWisconsin Supreme Court · 1870
  5. Brooks v. CalderwoodCalifornia Supreme Court · 1868

3Cited by11 opinions

  1. Sturgeon v. BrooksWyoming Supreme Court · 1955
  2. Lowry v. CarrierMontana Supreme Court · 1918
  3. Rodda v. BestMontana Supreme Court · 1923
  4. Chicago, Burlington & Quincy Railroad v. McPhillameyWyoming Supreme Court · 1911
  5. Mannix v. Powell CountyMontana Supreme Court · 1921

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