Legal Opinion

Wiltbank v. Lyman Water Company

Court of Appeals of Arizona

Decided February 16, 1971No. 1 CA-CIV 1240PublishedCited by 5 opinions

1Opinion of the Court

FREY, Judge of the Superior Court.

The appellant-plaintiff in this case Ronald Wiltbank brought an action in trespass for flooding of his lands caused by the appellee-defendant Lyman Water Company backing up water by means of their dam. Plaintiff sought an injunction to restrain the defendant water company from any further flooding of plaintiff’s land and asks damages for ruin done to the land. After a successful motion for change of venue from Apache County, trial was held in Navajo County on the issues of the case. Plaintiff rested and moved for a directed verdict which was denied. Defendant…

2Cases cited19 opinions

  1. Northern Pacific Railway Co. v. TownsendSupreme Court of the United States · 1903
  2. New Mexico v. United States Trust Co.Supreme Court of the United States · 1898
  3. Kern River Co. v. United StatesSupreme Court of the United States · 1921
  4. Rio Grande Western Railway Co. v. StringhamSupreme Court of the United States · 1915
  5. United States v. MichiganSupreme Court of the United States · 1903

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3Cited by5 opinions

  1. CITY & COUNTY OF DENVER, ETC. v. BerglandDistrict Court, D. Colorado · 1981
  2. Johnson v. NelsonCourt of Appeals of Arizona · 1981
  3. E.E. Eggebrecht, Inc. v. WatersMontana Supreme Court · 1985
  4. E.E. Eggebrecht, Inc. v. WatersMontana Supreme Court · 1985
  5. E.E. Eggebrecht, Inc. v. WatersMontana Supreme Court · 1985

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