Legal Opinion

Rodgers v. Pitt

U.S. Circuit Court for the District of Nevada

Decided April 4, 1904No. 658PublishedCited by 10 opinions

In Equity. Suit to enjoin the diversion of water from a stream. On final hearing. Since the submission of this cause the original complainant, Arthur Rodgers, died, and the suit has been revived in favor of the executrix of his will, but the references will be made to the original parties to the suit. There is no ease made out against the defendant the Lovelock Mill Company, and it should be dismissed from the case.

Read the full summary

In Equity. Suit to enjoin the diversion of water from a stream. On final hearing. Since the submission of this cause the original complainant, Arthur Rodgers, died, and the suit has been revived in favor of the executrix of his will, but the references will be made to the original parties to the suit. There is no ease made out against the defendant the Lovelock Mill Company, and it should be dismissed from the case. The lands of the defendants are situated in the upper part of Lovelock Valley; the lands of complainant, Rodgers, and of Thies and Carpenter, are situated in the lower part of the…

1Opinion of the CourtHawley, District Judge

(after stating the facts as above). This is a suit in equity to enjoin the diversion of water by defendants from the Humboldt river. It has frequently been before the courts, and four different opinions have been rendered therein. Rodgers v. Pitt (C. C.) 89 Fed. 420; (C. C.) 89 Fed. 424; (C. C.) 96 Fed. 668; (C. C. A.) 104 Fed. 387. It is now before the court upon the evidence taken under issue joined at the trial. The general facts in relation thereto are set forth in the foregoing statement, some of which were stated in the opinion of this court (89 Fed. 420), ordering the issuance of a…

2Cases cited22 opinions

  1. Barnes v. SabronNevada Supreme Court · 1875
  2. Union Mill & Mining Co. v. DangbergU.S. Circuit Court for the District of Nevada · 1897
  3. Hall v. BlackmanIdaho Supreme Court · 1902
  4. Ophir Silver Mining Co. v. CarpenterNevada Supreme Court · 1868
  5. Francis v. United StatesSupreme Court of the United States · 1903

17 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. United States v. AdairCourt of Appeals for the Ninth Circuit · 1983
  2. Steptoe Live Stock Co. v. GulleyNevada Supreme Court · 1931
  3. Trowell Land & Irrigation Co. v. Bijou Irrigation DistrictSupreme Court of Colorado · 1918
  4. Marsh Bros. & Gardenier, Inc. v. United States Fidelity & Guaranty Co.California Court of Appeal · 1929
  5. United States v. Ben AdairCourt of Appeals for the Ninth Circuit · 1984

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API