Clark v. Nash
Supreme Court of the United States
ERROR TO THE SUPREME COURT, OF THE STATE OF UTAH. This action was brought by the defendant in error .Nash, to condemn a right of way, so called, by enlarging a ditch for the conveying of water across the land of plaintiff^ in error, for the purpose of bringing water from Fort Canyon Creek, in the county and State of Utah, which is a stream of water flowing from the mountains near to the land of the defendant in error, and thus to irrigate his land.
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ERROR TO THE SUPREME COURT, OF THE STATE OF UTAH. This action was brought by the defendant in error .Nash, to condemn a right of way, so called, by enlarging a ditch for the conveying of water across the land of plaintiff^ in error, for the purpose of bringing water from Fort Canyon Creek, in the county and State of Utah, which is a stream of water flowing from the mountains near to the land of the defendant in error, and thus to irrigate his land. The plaintiffs in error demurred to the complaint upon the ground that the same did not state facts sufficient to constitute a cause of action…
1Opinion of the CourtJustice Peckham
The plaintiffs in error contend that tñe proposed use of the. enlarged ditch across their land for the purpose of conveying water to the land of the defendant in error alone is not a public use, and that, therefore, the defendant in error has no constitutional or other right to condemn the land, or any portion of it, belonging to the plaintiffs in error, for that purpose. They argue that, although the use of water in the State of Utah for the purpose of mining or irrigation or manufacturing may bé a public use where the right to úse it is common to the públic, yet that no individual has the…
2Cases cited1 opinion
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
3Cited by174 opinions
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