Belnap v. Widdison
Utah Supreme Court
Appeal from District Court, Second District; before .Justice I, A. Howell. Action by Sarah lane Belnap against lames Gr. Widdison and others. From a judgment for defendánts, plaintiff appeals. . • APPELLANT'S POINTS. But there is no ground for presuming acquiescence in statements, unless they are of such character as would naturally call for a response, and unless the party sought to be charged was in such a situation that he probably would have replied to them, if untrue.
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Appeal from District Court, Second District; before .Justice I, A. Howell. Action by Sarah lane Belnap against lames Gr. Widdison and others. From a judgment for defendánts, plaintiff appeals. . • APPELLANT'S POINTS. But there is no ground for presuming acquiescence in statements, unless they are of such character as would naturally call for a response, and unless the party sought to be charged was in such a situation that he probably would have replied to them, if untrue. (Barry v. Davis, S3 Mich 515; Churchill v. Pulliam, 8 Iowa 45; Gibney v. Marchcuy, 34 N. Y. 301; Slattery v. People, 16…
1Opinion of the CourtMeCABTY, C. J.
Plaintiff alleges in her complaint that she is now, and ever since the 10th day of October, 1894, has been, the owner of nineteen acres of farming land situate in Weber county, Utah; that defendants now are, and ever since a> date long-prior to May 20, 1903, have been, the owners of a certain irrigation ditch' running along the north line of plaintiff’s land through which they convey, water from a certain canal to their • respective farms; that about May 20,1903, defendants, having *249turned tbe water from said canal into said ditcb, negligently permitted tbe same to overflow tbe banks of said…
2Cases cited4 opinions
- Lemasters v. Southern Pacific Co.California Supreme Court · 1900
- Lacy v. WilsonMichigan Supreme Court · 1872
- Holt v. PearsonUtah Supreme Court · 1895
- Sargent v. Linden Mining Co.California Supreme Court · 1880
3Cited by6 opinions
- Devine v. CookUtah Supreme Court · 1955
- Jankele v. Texas Co.Utah Supreme Court · 1936
- Jensen v. Davis & Weber Counties Canal Co.Utah Supreme Court · 1913
- Smith v. Ogden & N. W. R.Utah Supreme Court · 1907
- MacKay v. BreezeUtah Supreme Court · 1928
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