Legal Opinion

O'Connor v. North Truckee Ditch Co.

Nevada Supreme Court

Decided January 15, 1883No. 1122PublishedCited by 10 opinions

Appeal from the District Court of the Second Judicial Disti’ict, Washoe County: The court gave, at the instance of the plaintiff, the following instructions (referred to in the opinion): 2. The rights of the shareholder in a corporation, under the articles of incoi'poration and the trust deed, never depended, and do not now depend, upon their respective necessities for the water, but each and every of said shareholders always were and now are absolutely entitled to the…

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Appeal from the District Court of the Second Judicial Disti’ict, Washoe County: The court gave, at the instance of the plaintiff, the following instructions (referred to in the opinion): 2. The rights of the shareholder in a corporation, under the articles of incoi'poration and the trust deed, never depended, and do not now depend, upon their respective necessities for the water, but each and every of said shareholders always were and now are absolutely entitled to the number of inches of water represented by their stock, at the rate of one inch to each share. If such stock represented and…

1Opinion of the Court

By the Court,

Hawley, C. J.:

In 1864 several persons, including plaintiff, organized an association for the purpose of constructing a ditch to convey water from the Truckee river to irrigate their farms along the line of the ditch. All the members assisted in the construction of the ditch at the head. When the ditch was completed to the land of the member nearest the head, he ceased work and had nothing to do with the labor or expense of constructing the ditch below his land. Similar action was taken by each of the members owning the land below. This association regulated the flow of water in…

2Cited by10 opinions

  1. Crosman v. Southern Pacific Co.Nevada Supreme Court · 1921
  2. Wheeler-Stenzel Co. v. American Window Glass Co.Massachusetts Supreme Judicial Court · 1909
  3. Berg v. Yakima Valley Canal Co.Washington Supreme Court · 1915
  4. Seaman v. Big Horn Canal Ass'nWyoming Supreme Court · 1923
  5. Hyink v. Low Line Irrigation Co.Montana Supreme Court · 1922

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