North Point Consolidated Irrigation Co. v. Utah & Salt Lake Canal Co.
Utah Supreme Court
Appeal from tlie Third district court, Salt Lake county. A. G-. Norrell, Judge. Suit by the North Point Consolidated Irrigation Company against the Utah & Salt Lake Canal Company and others for damages, and an injunction restraining defendants'from discharging befouled water into a certain canal, and to compel them to fill up certain ditches. There was a decree for defendants, and plaintiff appeals.
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Appeal from tlie Third district court, Salt Lake county. A. G-. Norrell, Judge. Suit by the North Point Consolidated Irrigation Company against the Utah & Salt Lake Canal Company and others for damages, and an injunction restraining defendants'from discharging befouled water into a certain canal, and to compel them to fill up certain ditches. There was a decree for defendants, and plaintiff appeals. On March 9, 1897, the plaintiff filed a complaint in the district court, in which it was alleged, among other things, that prior to May 19,1886, there existed an unincorporated association known…
1Opinion of the CourtZane, C. J.
(after stating the facts):
The plaintiff claims the legal right to take and use water from the Jordan & Salt Lake Surplus canal for irrigation and domestic purposes; that it has an interest in and right to the.Surplus canal, and to its waters, to that extent; and that, in view of the pleadings and evidence, the court should protect that right by a writ of injunction; while the Utah & Salt Lake Canal Company, the South Jordan Canal Company, and the North Jordan Irrigation Company, three of the defendants, deny that plaintiff has any interest in the Surplus canal, or any right to take water…
2Cases cited9 opinions
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Livingston v. McDonaldSupreme Court of Iowa · 1866
- Harkness v. WoodmanseeUtah Supreme Court · 1891
- Wright & Rice v. MooreSupreme Court of Alabama · 1863
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- Branch v. Western Petroleum, Inc.Utah Supreme Court · 1982
- Morris v. BluntUtah Supreme Court · 1916
- Burt v. Farmers' Co-Operative Irrigation Co.Idaho Supreme Court · 1917
- Gitzhoffen v. Sisters of Holy Cross Hospital Ass'nUtah Supreme Court · 1907
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