Sterritt v. Young
Wyoming Supreme Court
On reserved constitutional questions from the District Court, Carbon County The questions were reserved in an action brought by Trank E. Sterritt against Charles G. Young and another to restrain the construction of an irrigating ditch across the lands of plaintiff. The defendants claimed to have acquired ■ a right of way for the ditch by condemnation proceedings as authorized by statute.
Read the full summary
On reserved constitutional questions from the District Court, Carbon County The questions were reserved in an action brought by Trank E. Sterritt against Charles G. Young and another to restrain the construction of an irrigating ditch across the lands of plaintiff. The defendants claimed to have acquired ■ a right of way for the ditch by condemnation proceedings as authorized by statute. The questions reserved involved the constitutionality of the statute providing for condemning a right of way for private ditches. While the right of eminent domain is one inherent in government, nevertheless…
1Opinion of the Court
Beard, Justice.
This action was commenced in the District Court of Carbon County by the plaintiff against the defendants for an injunction to restrain the defendants from going upon and constructing .an irrigating ditch over and across plaintiff’s land. In a supplemental answer filed by defendants they alleged that appraisers had been duly appointed by the County Commissioners of said county to view the premises and assess plaintiff’s damages for. the construction. of said ditch, and that said appraisers had viewed the premises and had made due report and return of their ascertainment and…
2Cases cited18 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Paulsen v. PortlandSupreme Court of the United States · 1893
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Gatch v. City of Des MoinesSupreme Court of Iowa · 1884
- Tracy v. Elizabethtown, Lexington & Big Sandy RailroadCourt of Appeals of Kentucky · 1882
13 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- State v. PetersonWyoming Supreme Court · 1920
- Northern Cedar Co. v. FrenchWashington Supreme Court · 1924
- State ex rel. Richards v. WhismanSouth Dakota Supreme Court · 1915
- Edwards v. City of CheyenneWyoming Supreme Court · 1911
- Enterprise Irrigation District v. Tri-State Land Co.Nebraska Supreme Court · 1912
20 more not listed; retrieve them via the Exa API.