Cocanougher v. Montana Life Insurance

This action was brought to recover damages for crop losses occurring in 1931 and 1932, and resulting from the alleged unlawful diversion of water to which plaintiff alleged she had a right. Plaintiff recovered a judgment in the sum of $2,880.50. The appeal is from this judgment.

In the year 1918 the husband of plaintiff was the owner of two separate tracts of real estate. In the year 1868 predecessors of the then owner had constructed a ditch known as the Ryan and Kane ditch, which tapped the Big Hole River, and thereafter water was diverted from this stream and used for the irrigation of the…