Riverside Reservoir & Land Co. v. Bijou Irrigation District

I cannot agree with the conclusion of the majority of the court. I am unable to find any material conflict in the evidence, and find that the issue in the case is not one of fact, but of law. The court did not find and could not have found, the facts differing in any material degree from what appears in the following statement.

The question to be determined is whether or not under the conceded state of facts, The Riverside Reservoir and Land Company proceeded with such reasonable diligence in the prosecution of its enterprise and application of water to a beneficial use, as will entitle it to…