Toyah Valley Irr. Co. v. Winston

This suit was instituted by W. E. Winston against the Toyah Valley Irrigation Company, alleging that the defendant was a corporation organized under the laws of Texas as an irrigation company for the purpose of constructing, maintaining, and operating canals, ditches, flumes, etc., and of supplying water as a common carrier thereof to all persons entitled to the same for irrigation, and that as such common carrier it was engaged in transporting and furnishing the waters of Toyah creek to all the riparian lands entitled to water from said stream.

That plaintiff was the owner of certain lands…