Gustin v. Harting
Wyoming Supreme Court
Error to the District Court, Fremont County; Hon. Charges E. Carpenter, Judge. The material facts are stated in the opinion. Plaintiff failed to show sufficient title to his land to authorize a recovery, all that was shown being his occupancy of the tract in question. The plaintiff also failed to establish any right of way for a ditch or that he had any appropriation of water.
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Error to the District Court, Fremont County; Hon. Charges E. Carpenter, Judge. The material facts are stated in the opinion. Plaintiff failed to show sufficient title to his land to authorize a recovery, all that was shown being his occupancy of the tract in question. The plaintiff also failed to establish any right of way for a ditch or that he had any appropriation of water. The contention of the plaintiff in error, defendant below, is that the flume was used jointly under a permission or license but without any right of way or ownership by Harting, the plaintiff below; and that the…
1Opinion of the Court
PoTTijR, Justice.
This action was brought in the District Court in Fremont County by Henry Harting against Edward A. Gustin to recover damages alleged to have been sustained through the destruction by defendant of a flume that had been used in connection with certain ditches for the purpose of conveying water appropriated by the plaintiff for the irrigation of a nine-acre ■ tract of land situated in the southeast corner of the northwest quarter of the northeast quarter of Section 12 in Township 33 North Range 100 West of the Sixth principal» meridian.
The petition alleges that before and at the…
2Cases cited18 opinions
- Roberts v. Northern Pacific RailroadSupreme Court of the United States · 1895
- Northern Pacific R. Co. v. SmithSupreme Court of the United States · 1898
- Stoner v. ZuckerCalifornia Supreme Court · 1906
- State v. ClementsOregon Supreme Court · 1887
- Taylor v. New Orleans Terminal Co.Supreme Court of Louisiana · 1910
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Harber v. JensenWyoming Supreme Court · 2004
- Coumas v. Transcontinental Garage, Inc.Wyoming Supreme Court · 1951
- White v. Wheatland Irrigation DistrictWyoming Supreme Court · 1966
- Forde v. LibbyWyoming Supreme Court · 1914
- Kammerzell v. AndersonWyoming Supreme Court · 1952
5 more not listed; retrieve them via the Exa API.