Lee v. McLeod
Nevada Supreme Court
Appeal from the District Court of the Eighth Judicial District, Esmeralda County. This action was brought by W. E. Lee, James Mills and Jacob Mills, against Angus McLeod, to recover damages for an alleged unlawful diversion of the waters of Walker river, and to enjoin the defendant McLeod from diverting the same to the injury of plaintiffs.
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Appeal from the District Court of the Eighth Judicial District, Esmeralda County. This action was brought by W. E. Lee, James Mills and Jacob Mills, against Angus McLeod, to recover damages for an alleged unlawful diversion of the waters of Walker river, and to enjoin the defendant McLeod from diverting the same to the injury of plaintiffs. It appears from the testimony that the plaintiff Lee is a miller; that in 1878 he had frequent conversations with the defendant McLeod regarding the advisability of building a flouring-mill; that McLeod frequently asserted that it would be of great…
1Opinion of the Court
By the Court,
Hawley, C. J.:
A parol license to erect a dam upon another’s land, or to convey water from a stream running through the land of another, for the purpose of erecting and conducting a flouring-mill, is, in our opinion, irrevocable after the party to whom the license is given has executed it by erecting the mill, or otherwise expended his money upon the faith of the license.
This principle is very clearly stated in Rerick v. Kern (14 Serg. & Rawle, 267), where the court held that a parol license, given without consideration, to use the water of a stream for a saw-mill, in consequence…
2Cases cited5 opinions
- Snowden v. WilasIndiana Supreme Court · 1862
- Rhodes v. OtisSupreme Court of Alabama · 1859
- Wickersham v. OrrSupreme Court of Iowa · 1859
- Lane v. MillerIndiana Supreme Court · 1867
- Rerick v. KernSupreme Court of Pennsylvania · 1826
3Cited by13 opinions
- Rogers v. CoxIndiana Supreme Court · 1884
- Garrett v. BishopOregon Supreme Court · 1895
- McLeod v. LeeNevada Supreme Court · 1882
- Rentfro v. DettwilerMontana Supreme Court · 1933
- McReynolds v. HarrigfeldIdaho Supreme Court · 1914
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