Smith v. Cameron

The defendants contend, and apparently the trial court decided, that to permit the plaintiffs to condemn the right to enlarge “The Farmers Ditch” so that they could convey their share of water *5through it would be to take private property for a private use. It is conceded that “The Farmers Ditch” is private property owned by private persons; and so the only question for decision is whether in the attending circumstances the enlargement and use of “The Farmers Ditch” by the two' plaintiffs for the irrigation of their tract of land would be for private or for a public use. The plaintiffs insist…