Kramer v. Deer Lodge Farms Co.

This is an appeal from a judgment for plaintiff involving the use of a stream of fresh running water in the water shed of Dempsey Creek in Powell County, Montana.

The complaint originally set forth two causes of action. In the first cause of action plaintiff based his claim to the prior use of 150 miner’s inches of water by right of appropriation. In the second cause of action plaintiff based his claim of right by adverse use for more than the statutory period. At the trial, by motion of defendants, the plaintiff was by the court required to elect upon which cause of action he would stand.…