Marshall v. Niagara Springs Orchard Co.
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Lincoln County. Hon. Edward A. Walters, Judge. Action to condemn a right of way for a ditch and powerhouse and other buildings to be used for power purposes. An appropriation of water upon private land cannot be initiated by trespass, and any such attempted appropriation is void as against the land owner whose land is trespassed upon.
Read the full summary
APPEAL from the District Court of the Fourth Judicial District for Lincoln County. Hon. Edward A. Walters, Judge. Action to condemn a right of way for a ditch and powerhouse and other buildings to be used for power purposes. An appropriation of water upon private land cannot be initiated by trespass, and any such attempted appropriation is void as against the land owner whose land is trespassed upon. (Wiel on Water Rights, 3d ed., see. 221, and cases cited ,• Prentice v. McKay, 38 Mont. 114, 98 Pae. 1081; Smith v. Denniff, 24 Mont. 20, 81 Am. St. 408, 60 Pac. 398, 50 L. R. A. 741; Le Quime v.…
1Opinion of the CourtStewart, C. J.
Frank Marshall, the respondent, brought this action in the district court against Winia Smalley, Henry Smalley, John R. Newton and Samuel T. Hamilton for the purpose of condemning a right of way for a ditch and power-house and other buildings required in connection therewith across the land asked therewith. The land across which such right of way is asked is described as follows: Lot 3 of see. 11 and Lot 1 of sec. 10, Twp. 9 S., Range 15 E. The defendants named in the complaint did not appear in said action, but the appellant herein, the Niagara Springs Orchard Company, Ltd., applied to be…
2Cases cited11 opinions
- Alta Land & Water Co. v. HancockCalifornia Supreme Court · 1890
- Smith v. DenniffMontana Supreme Court · 1900
- Curtis v. La Grande Hydraulic Water Co.Oregon Supreme Court · 1890
- Mud Creek Irrigation, Agricultural, & Manufacturing Co. v. VivianTexas Supreme Court · 1889
- Speer v. StephensonIdaho Supreme Court · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Riordan v. WestwoodUtah Supreme Court · 1949
- Nielson v. SandbergUtah Supreme Court · 1943
- Lemmon v. HardyIdaho Supreme Court · 1974
- Bassett v. SwensonIdaho Supreme Court · 1931
- Bachman v. Reynolds Irrigation DistrictIdaho Supreme Court · 1936
12 more not listed; retrieve them via the Exa API.