Vansickle v. Haines
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Douglas County. It appears that in 1857, the plaintiff Vansickle diverted, by a ditch for irrigating and domestic purposes, one-fourth of the water of Daggett creek; a small tributary of the Carson river in Douglas County. He made the diversion at a point then on the public land, but which in 1864 was patented by the United States to the defendant Haines.
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Appeal from the District Court of the Second Judicial District, Douglas County. It appears that in 1857, the plaintiff Vansickle diverted, by a ditch for irrigating and domestic purposes, one-fourth of the water of Daggett creek; a small tributary of the Carson river in Douglas County. He made the diversion at a point then on the public land, but which in 1864 was patented by the United States to the defendant Haines. In 1865, Vansickle obtained a patent for his own land where he used the water. In the fall of 1867, Haines and his co-defendants, William F. Leet and Charles Vangordor,…
1Opinion of the Court
By the Court,
Whitman, J.:
Respondent claims damages against appellants for past diversion of. the waters of Daggett creek, and prays an injunction against further continuance of the injury alleged. The district court found for respondent; hence this appeal. Many questions are argued in *256the briefs of respective counsel, which it is believed are not pertinent to the controlling question involved.
The district court finds that the water-course in question, a small non-navigable stream, nowhere in its natural channel runs over the land of respondent; but does so run through the land of appellant…
2Cases cited30 opinions
- Cotton v. United StatesSupreme Court of the United States · 1851
- United States v. GratiotSupreme Court of the United States · 1840
- Corning v. . Troy Iron and Nail FactoryNew York Court of Appeals · 1869
- Canal Commissioners v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1830
- Irvine v. MarshallSupreme Court of the United States · 1858
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3Cited by44 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Rupert Ex Rel. Rupert v. StienneNevada Supreme Court · 1974
- Hough v. PorterOregon Supreme Court · 1909
- Nevada Ditch Co. v. BennettOregon Supreme Court · 1896
- Lux v. HagginCalifornia Supreme Court · 1886
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