Mettler v. Ames Realty Co.
Montana Supreme Court
Appeals from District Court, Lewis and Ciarle County; ~W. H. Doorman, Judge. Action by Anna E. Mettler against tbe Ames Realty Company. From judgment of dismissal and from order denying an injunction, plaintiff appeals.
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Appeals from District Court, Lewis and Ciarle County; ~W. H. Doorman, Judge. Action by Anna E. Mettler against tbe Ames Realty Company. From judgment of dismissal and from order denying an injunction, plaintiff appeals. The sole question raised by the complaint, as we view its allegations, is whether the defendant has a right as an appropriator of water' to change its point of diversion, under the provisions of section 4842 of the Revised Codes, in derogation of the riparian rights of the plaintiff. In other words, there is no conflict between plaintiff and defendant as to the use of the…
1Opinion of the CourtJustice Holloway
Prickly Pear Creek, a tributary of the Missouri River, flows through agricultural lands belonging to the plaintiff, and for many years plaintiff and her predecessors in interest have used such amount of the waters flowing in the creek as was necessary for household purposes and watering livestock. The defendant company also owns agricultural lands in the same vicinity, and, by virtue of an appropriation heretofore made, is entitled to use the waters from the same creek for irrigation purposes. Originally defendant diverted the waters used by it at a point on the creek below plaintiff’s ranch,…
2Cases cited22 opinions
- Winters v. United StatesSupreme Court of the United States · 1908
- Hardin v. JordanSupreme Court of the United States · 1891
- Kansas v. ColoradoSupreme Court of the United States · 1907
- United States v. Rio Grande Dam & Irrigation Co.Supreme Court of the United States · 1899
- Lux v. HagginCalifornia Supreme Court · 1886
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3Cited by21 opinions
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- Popham v. HolloronMontana Supreme Court · 1929
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