O'CONNOR v. Brodie

THE HONORABLE ARTHUR B. MARTIN, District Judge,

sitting in place of MR. JUSTICE HASWELL, delivered the Opinion of the Court.

This is an appeal from a judgment declaring plaintiffs the owners of a water right and an appurtenant easement for a water line together with provisions for the restoration and protection of the adjudged rights.

Facts giving rise to the litigation are as follows: Plaintiffs are the owners of farm lands siuated on the southern outskirts of the city of Missoula, Montana. Plaintiff Daniel J. O’Connor moved upon this farm with his parents in 1908 and he or his parents have…