Nelson v. Gough

This suit was instituted to have determined the relative rights of the parties to the use of the waters of Nelson Creek— sometimes called Brock Creek — in Missoula county. The cause was tried first in 1915 and retried in 1918, resulting in a judgment in favor of the plaintiff, from which judgment and an order denying a new trial defendants appealed.

The second trial was had upon an amended complaint filed after the first trial, the answer thereto, and a cross-complaint by the defendants, and the plaintiff’s reply. In the amended complaint it is set forth, among other things, that in 1885 the…