Cocanougher v. Zeigler

This action is one in which the plaintiff seeks to eondemn a right-of-way through an irrigation diteh on defendant’s land for the purpose of conveying water for irrigation to land of the plaintiff adjoining that of the defendant. The diteh in question arises in a slough adjacent to the Big Hole River. The testimony is that it follows closely along the edge of the slough for some little distance and then passes through the defendant’s land, and that it is now used solely by the defendant. There is testimony that the ditch extends on to part of plain tiff’s land but that the ditch has been…