Lone Tree Ditch Co. v. Cyclone Ditch Co.
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon. Levi McGee, Judge. Suit by the Lone Tree Ditch Company and others against the Cyclone Ditch Company and others. From a decree in favor of the defendants, the plaintiffs appeal.
1Opinion of the CourtCorson, J.
This is an appeal from the part of a decree in this case adjudging to the defendant, Joseph Jolly, the right to ioo miner’s inches of the water of Rapid creek, as prior and superior to the right of the plaintiffs to the water of said creek. The action was brought by the plaintiff’s to restrain defendants from diverting the waters of Rapid creek from the plaintiff’s ditch, or in any manner interfering with the plaintiff’s right thereto.
The court found that the plaintiffs and their predecessors in interest appropriated the waters of said creek to the extent of 1,300 miner’s inches on the 23d…
2Cases cited14 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Shepley v. CowanSupreme Court of the United States · 1876
- Frisbie v. WhitneySupreme Court of the United States · 1870
- Hutchings v. LowSupreme Court of the United States · 1873
- Atchison v. PetersonSupreme Court of the United States · 1874
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Pabst v. FinmandCalifornia Supreme Court · 1922
- St. Germain Irrigating Ditch Co. v. Hawthorne Ditch Co.South Dakota Supreme Court · 1913
- Belle Fourche Irrigation District v. SmileySouth Dakota Supreme Court · 1970
- Nicholson v. CongdonSupreme Court of Minnesota · 1905
- Platt v. City of Rapid CitySouth Dakota Supreme Court · 1940
4 more not listed; retrieve them via the Exa API.