Legal Opinion

Beaverhead Canal Co. v. Dillon Electric Light & Power Co.

Montana Supreme Court

Decided April 21, 1906No. 2,240PublishedCited by 24 opinions

Appeal• from District Court, Beaverhead County; Lew L. Callaway, Judge. Action by Beaverhead Canal Company against the Dillon Electric Light and Power Company and others. From a judgment in favor of plaintiff for less than the relief demanded, it ippeals.

1Opinion of the CourtJustice Holloway

This action was brought to have determined the relative rights of the parties to the use of the waters of Beaverhead river and its tributaries. The appellant was plaintiff in the court below. The appeal is from that portion of the decree which awards to John B. Smith, who was one of the defendants, the prior right to the use of two hundred and fifty inches of water.

Appellant is satisfied with the findings of fact returned by the trial court, .but the contention is made in this court that the trial court erred in its conclusion of law No. 3, and in entering its decree in accordance with such…

2Cases cited2 opinions

  1. Raymond v. WimsetteMontana Supreme Court · 1892
  2. Paige v. Rocky Ford Canal & Irrigation Co.California Supreme Court · 1890

3Cited by24 opinions

  1. Rock Creek Ditch & Flume Co. v. MillerMontana Supreme Court · 1933
  2. Reno v. RichardsIdaho Supreme Court · 1918
  3. Holmstrom Land Co. v. Meagher County Newlan Creek Water DistrictMontana Supreme Court · 1979
  4. Smith v. DuffMontana Supreme Court · 1909
  5. Ballenger v. TillmanMontana Supreme Court · 1958

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