Miocene Ditch Co. v. Campion Mining & Trading Co.
District Court, D. Alaska
This action is in equity, and was brought to obtain a decree (a) that the plaintiff is the owner by prior appropriation and diversion of the waters of Nome river to the extent of 2,100 miners’ inches, to be diverted at its intake on Nome river about 500 feet below the mouth of Buffalo creek; (b) for an accounting of the damages sustained by the diversion by defendants of water so belonging to the plaintiff; (c) for an injunction, temporary and perpetual, restraining the…
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This action is in equity, and was brought to obtain a decree (a) that the plaintiff is the owner by prior appropriation and diversion of the waters of Nome river to the extent of 2,100 miners’ inches, to be diverted at its intake on Nome river about 500 feet below the mouth of Buffalo creek; (b) for an accounting of the damages sustained by the diversion by defendants of water so belonging to the plaintiff; (c) for an injunction, temporary and perpetual, restraining the defendants from so diverting any of the waters of Buffalo creek away from said creek, a tributary of Nome river, as to…
1Opinion of the Court
MOORE, District Judge.
At the trial the plaintiff endeavored to prove that in the year 1900 its predecessors in interest, W. E- Eeland and J. M. Davidson, began the construction of a ditch with the intention of completing it and its connections from Glacier creek, a tributary of Snake rver, through to the present intake of the plaintiff’s ditch on Nome river as a ditch system.
*578Much evidence was produced by the plaintiff with the apparent aim of showing that the appropriation of the waters of Nome river by Tidd, plaintiff’s agent, in June, 1902, and the rights thus acquired, should date back by…
2Cases cited16 opinions
- Strickler v. City of Colorado SpringsSupreme Court of Colorado · 1891
- Nevada Ditch Co. v. BennettOregon Supreme Court · 1896
- Combs v. Agricultural Ditch Co.Supreme Court of Colorado · 1892
- Eddy v. SimpsonCalifornia Supreme Court · 1853
- Low v. RizorOregon Supreme Court · 1894
11 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Anderson v. CampbellDistrict Court, D. Alaska · 1913