Lobdell v. Hall
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District. If from any cause, at the time of Lobdell’s appropriation, the waters of Desert Creek were passing down the natural channel to Lobdell’s, the defendants could not, after Lobdell’s appropriation, direct the water or any part of it to his damage, or to the diminution of the quantity claimed by him.
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Appeal from the District Court of the Second Judicial District. If from any cause, at the time of Lobdell’s appropriation, the waters of Desert Creek were passing down the natural channel to Lobdell’s, the defendants could not, after Lobdell’s appropriation, direct the water or any part of it to his damage, or to the diminution of the quantity claimed by him. (Lobdell v. JEall Sg Simpson, 2 Nev.) The instructions given at the instance of the plaintiff, and those given at the instance of the defendant, are inconsistent, and contradictory, and irreconcilable. A new trial should be granted for…
1Opinion of the Court
Opinion by
Beatty, O. J., Johnson, J.,
concurring specially,
2DissentLewis, J.
This was an action brought to recover damages for diverting the waters of Desert Creek, and also praying for an injunction to restrain future diversion of the water.
The facts, so far as they are undisputed, are as follows:
In the summer of 1860 the plaintiff located and occupied a ranch on Desert Creek. In December of that year he commenced the digging of one ditch for irrigating purposes, which was finished the *511following February. Immediately after this ditch was finished he commenced the construction of a second ditch, which was…
3Cases cited4 opinions
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- Whiteside v. JacksonNew York Supreme Court · 1828
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4Cited by12 opinions
- Union Mill & Mining Co. v. DangbergU.S. Circuit Court for the District of Nevada · 1897
- Santa Paula Water Works v. PeraltaCalifornia Supreme Court · 1896
- Clisby v. Mobile & Ohio RailroadMississippi Supreme Court · 1901
- McGurn v. McInnisNevada Supreme Court · 1898
- In re the Charges Against DarrowIndiana Supreme Court · 1910
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