Nevada Ditch Co. v. Pacific Livestock Co.
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. Statement by Me. Justice McBride. This is an action by the Nevada Ditch Company, a corporation, against the Pacific Livestock Company, a corporation, to recover $10,000 damages sustained by the plaintiff corporation and its stockholders and water users on account of the alleged unlawful and wrongful diversion of waters which said corporation and its stockholders are entitled to under a former decree of this court.
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From Malheur: Dalton Biggs, Judge. Statement by Me. Justice McBride. This is an action by the Nevada Ditch Company, a corporation, against the Pacific Livestock Company, a corporation, to recover $10,000 damages sustained by the plaintiff corporation and its stockholders and water users on account of the alleged unlawful and wrongful diversion of waters which said corporation and its stockholders are entitled to under a former decree of this court. The plaintiff corporation sues on behalf of itself and all of the stockholders and water users lying under, and using water from, plaintiff’s…
1Opinion of the CourtJustice McBride
1. From the above statement it is clear that the principal object of this action is to enable plaintiff, as trustee for its stockholders, to collect for their use the damages suffered by them by defendant’s wrongful diversion of water from plaintiff’s canal. Plaintiff’s theory is this:
“I was incorporated for the purpose of supplying water to my stockholders through the medium of. my canal. Therefore I am a trustee of an express trust for that purpose. Defendant has wrongfully- diverted the water which it was my duty to have furnished my consumers, and they are thereby damaged; and I, as their…
2Cases cited3 opinions
- Farmers Independent Ditch Co. v. Agricultural Ditch Co.Supreme Court of Colorado · 1896
- Riverside Water Co. v. SargentCalifornia Supreme Court · 1896
- Thorpe v. Tenem Ditch Co.Washington Supreme Court · 1889
3Cited by2 opinions
- Gunnison-Fayette Canal Co. v. Gunnison Irrigation Co.Utah Supreme Court · 1968
- Gunnison-Fayette Canal Co. v. Gunnison Irrigation Co.Utah Supreme Court · 1968