Talbott v. Butte City Water Co.
Montana Supreme Court
Appeal from District Gowrt, Silver Sow County; John Lindr say, Judge. ActioN by Jamies. A. Talbott and others against the Butte City Water Company. From a judgment for plaintiffs, and from an order denying a new1 trial, defendant appeals. Statement oe the Case.
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Appeal from District Gowrt, Silver Sow County; John Lindr say, Judge. ActioN by Jamies. A. Talbott and others against the Butte City Water Company. From a judgment for plaintiffs, and from an order denying a new1 trial, defendant appeals. Statement oe the Case. This action was brought by the plaintiffs (respondents) to secure a decree of the court, settling the relative rights of the parties to the use of the waters of the Black Tail Beer creek, in Silver Bow county, Montana, to tave the defendant restrained from diverting the waters of such creek from its natural channel, and for damages…
1Opinion of the Court
ME,. JUSTICE HOLLOWAY,
after stating''the case, delivered the opinion of the court.
Only two questions are discussed in the brief, and only those will be considered:(1) Did the trial court err in its instructions- to the jury, and, if so-, was the error prejudicial? (2) Did the defendant establish a right to the use of the waters-of Black Tail Deer creek by adverse user ?
1. It is contended that the court erred in its instructions with reference to the question of the relationship- of landlord and tenant, alleged to have; existed between thei Basin Flume Company, predecessor in interest of tire…
2Cases cited13 opinions
- Alta Land & Water Co. v. HancockCalifornia Supreme Court · 1890
- Anaheim Water Co. v. Semi-Tropic Water Co.California Supreme Court · 1883
- Yankee Jim's Union Water Co. v. CraryCalifornia Supreme Court · 1864
- Faulkner v. RondoniCalifornia Supreme Court · 1894
- Harris v. LloydMontana Supreme Court · 1891
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3Cited by21 opinions
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- Gay v. Lavina State BankMontana Supreme Court · 1921
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