Gotelli v. Cardelli
Nevada Supreme Court
Appeal from the First Judicial District Court, Lyon County; G. D. Mach, Judge. Action by John Gotelli and others against Orlando Oardelli and others. From a judgment and decree for plaintiffs, defendants appeal. The facts sufficiently appear in the opinion. I. The amount of water to which an appropriator is entitled is the amount actually applied for the purposes of proper irrigation.
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Appeal from the First Judicial District Court, Lyon County; G. D. Mach, Judge. Action by John Gotelli and others against Orlando Oardelli and others. From a judgment and decree for plaintiffs, defendants appeal. The facts sufficiently appear in the opinion. I. The amount of water to which an appropriator is entitled is the amount actually applied for the purposes of proper irrigation. (Simpsonv.Williams, 18 Nev. 432.) The first appropriator of water is only entitled to as much water as is necessary to irrigate his land, and is bound, under the law, to make a reasonable use of it. (Barnes v.…
1Opinion of the Court
By the Court,
Belknap, J.:
This is an action for damages for the diversion of water. Respondents are the owners of lands upon the Carson river, and have the prior right to divert so much of the waters thereof flowing through a described ditch situated upon defendants’ lands, higher up the river, as is necessary to irrigate 142 acres of land. A jury assessed the damages at $775.
1. The first assignment of error is the admission in evidence of the judgment roll in a former action between the same parties. The purpose of this evidence, as shown by an instruction of the court, was to establish…
Also in this document: Per curiam.
2Cited by3 opinions
- Bergman v. KearneyDistrict Court, D. Nevada · 1917
- Vineyard Land & Stock Co. v. Twin Falls Salmon River Land & Water Co.Court of Appeals for the Ninth Circuit · 1917
- Twaddle v. WintersNevada Supreme Court · 1906