Blaisdell v. Stephens
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Washoe County. The facts sufficiently appear in the opinion. I. The defendants are in no sense joint wrong-doers. Their acts were several and distinct. There was no co-operation or concert of action between them. (2 Hilliard on -Torts, p. 247, sec. 10; 19 Johnson, 381; 26 Pa. 482; 57 Id. 142.) II.
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Appeal from the District Court of the Second Judicial District, Washoe County. The facts sufficiently appear in the opinion. I. The defendants are in no sense joint wrong-doers. Their acts were several and distinct. There was no co-operation or concert of action between them. (2 Hilliard on -Torts, p. 247, sec. 10; 19 Johnson, 381; 26 Pa. 482; 57 Id. 142.) II. The right of drainage is an incident to the ownership of land and the defendants had the undoubted right to its exercise and enjoyment, so long as they allowed the water to take its natural course. (Angelí on Water Courses, sees. 108 a,…
1Opinion of the Court
By the Court,
Hawley, J.:
The plaintiffs, as owners of a drain ditch constructed in 1876, brought this action to recover damages against defendants for wrongfully flowing waste water from their lands to the injury of plaintiffs’ditch, and for an injunction to restrain such wrongful flowing of waste water. At the close of plaintiffs’ testimony the defendants moved for a nonsuit upon the ground, among others, that it did not appear that the injury complained of ‘ ‘ was the result of the joint or concurrent act of the defendants.” This motion was overruled. The cause was tried before a jury to…
2Cases cited2 opinions
- Guille v. SwanNew York Supreme Court · 1822
- Partenheimer v. Van OrderNew York Supreme Court · 1855
3Cited by38 opinions
- Miller v. Highland Ditch Co.California Supreme Court · 1891
- Union Mill & Mining Co. v. DangbergU.S. Circuit Court for the District of Nevada · 1897
- Swain v. Tennessee Copper Co.Tennessee Supreme Court · 1903
- Schouweiler Ex Rel. Baker Place Condominium Homeowners Ass'n v. Yancey Co.Nevada Supreme Court · 1985
- Masonite Corp. v. BurnhamMississippi Supreme Court · 1933
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