Gorrie v. Weiser Irrigation District
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, in and for Washington County. Hon. Ed. L. Bryan, Judge. Action to enjoin the defendant from trespassing on the lands of plaintiff and to recover damages. Judgment for plaintiff for $50 as damages for defendant’s interfering with the lateral ditch of plaintiff.
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APPEAL from the District Court of the Seventh Judicial District, in and for Washington County. Hon. Ed. L. Bryan, Judge. Action to enjoin the defendant from trespassing on the lands of plaintiff and to recover damages. Judgment for plaintiff for $50 as damages for defendant’s interfering with the lateral ditch of plaintiff. Judgment for the defendant, denying an injunction. ‘ ‘ The location of a water right and filing of a notice therefor in accordance with law does not give any right , to build ditches across lands belonging to others until an easement therefor has been acquired either by…
1Opinion of the CourtSullivan, C. J.
This suit was instituted on two causes of action. It is alleged in the complaint that the plaintiff is the owner of certain lands therein described, and that the defendant is the owner and proprietor of an irrigation canal running through, over and across plaintiff’s said land, and that during the years 1909, 1910, 1911 and 1912 defendant wrongfully, unlawfully and in violation of the rights of plaintiff, took and dug sand and other debris matter from its said canal and dumped and placed the same upon the lands of this plaintiff, thereby filling up his ditches and rendering his land unfit for…
2Cases cited3 opinions
- McGuire v. BrownCalifornia Supreme Court · 1895
- Carson v. GentnerOregon Supreme Court · 1898
- Whitmore v. Pleasant Valley Coal Co.Utah Supreme Court · 1904
3Cited by9 opinions
- Village of Peck v. DenisonIdaho Supreme Court · 1969
- Hall v. TaylorIdaho Supreme Court · 1937
- Simonson v. MoonIdaho Supreme Court · 1951
- Chester v. Wild Idaho Adventures RV Park, LLCIdaho Supreme Court · 2022
- Linford v. G. H. Hall & SonIdaho Supreme Court · 1956
4 more not listed; retrieve them via the Exa API.