Metcalf v. Nelson
South Dakota Supreme Court
Appeal from the circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action, to recover the value of water converted by defendant. Judgment for defendant, and plaintiff appeals. Tbe facts are stated in the opinion. Absolute title need not be shown in an action for conversion. A bailee may sue. Van Bokkelin v. Ingersol, 5 Wend. 315; Baker v. Hoag, 7 N. Y. 555; Faulkenerv.
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Appeal from the circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action, to recover the value of water converted by defendant. Judgment for defendant, and plaintiff appeals. Tbe facts are stated in the opinion. Absolute title need not be shown in an action for conversion. A bailee may sue. Van Bokkelin v. Ingersol, 5 Wend. 315; Baker v. Hoag, 7 N. Y. 555; Faulkenerv. Brown, 13 Wend. 63. The mere fact of lawful possession in plaintiff of property and wrongful taking by defendant is sufficient for recovery. Hendricks v. Decker, 35 Barb. 298; Beach v. Railroad, 37 N. Y. 457, The…
1Opinion of the CourtKellam, J.
While some question is made as to the sufficiency of the description as set out in the complaint, we think it is sufficiently definite for the purpose of this action, and shall treat the complaint as alleging that the plaintiff, who is now appellant, was at the time mentioned the owner of a parcel of land upon which was located a spring of water, and that without his consent and against his objection the defendant removed from said spring and hauled away a large quantity of water for his own use and for purposes of sale, and that the value of the water so taken was $500, for which amount…
2Cases cited9 opinions
- Taylor v. FickasIndiana Supreme Court · 1878
- Wilson v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Hanson v. McCueCalifornia Supreme Court · 1871
- Southern Pac. R.R. v. DufourCalifornia Supreme Court · 1892
- City of Emporia v. SodenSupreme Court of Kansas · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Ryan v. QuinlanMontana Supreme Court · 1912
- Herriman Irrigation Co. v. KeelUtah Supreme Court · 1902
- Knight v. GrimesSouth Dakota Supreme Court · 1964
- Barclay v. AbrahamSupreme Court of Iowa · 1903
- King v. ChamberlinIdaho Supreme Court · 1911
6 more not listed; retrieve them via the Exa API.