Fuller v. Swan River Placer Min. Co.
Supreme Court of Colorado
Error to District Court of Jefferson County. This action was brought by several complainants to enjoin an alleged wrongful diversion and use of the waters of the South Swan and Middle Swan rivers by plaintiffs in error, Thomas H. Puller, G. L. Havens, Aloy L. Young, The Puller Placer Min. Co., and The Swan River & Georgia Gulch Min., Ditching & Pluming Co., and to recover damages for such wrongful diversion and use.
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Error to District Court of Jefferson County. This action was brought by several complainants to enjoin an alleged wrongful diversion and use of the waters of the South Swan and Middle Swan rivers by plaintiffs in error, Thomas H. Puller, G. L. Havens, Aloy L. Young, The Puller Placer Min. Co., and The Swan River & Georgia Gulch Min., Ditching & Pluming Co., and to recover damages for such wrongful diversion and use. The defendant in error has succeeded to' all the rights of the complainants in the original bill. By the decree entered the plaintiffs in error are perpetually enjoined from…
1Opinion of the Court
Rising, C.
It is urged by plaintiffs in error that the evidence is insufficient to sustain the findings of fact upon which the decree is based, and particularly as to the amount of water that had been appropriated by the Pollard ditch, the American ditch and the Stevens flume prior to the 10th day of June, 1810, and as to the custom of miners to dump their tailings upon their own ground and let them take care of themselves.
We have carefully examined the evidence and think it well sustains the finding of the court as to the amount of water appropriated by said ditches and flume by a beneficial…
Also in this document: Per curiam.
2Cases cited4 opinions
- Sieber v. FrinkSupreme Court of Colorado · 1883
- Nevada Water Co. v. PowellCalifornia Supreme Court · 1867
- Junkans v. BerginCalifornia Supreme Court · 1885
- Butte T. M. Co. v. MorganCalifornia Supreme Court · 1862
3Cited by23 opinions
- Strickler v. City of Colorado SpringsSupreme Court of Colorado · 1891
- Smith v. DenniffMontana Supreme Court · 1900
- Navajo Development Co. v. SandersonSupreme Court of Colorado · 1982
- Nichols v. McIntoshSupreme Court of Colorado · 1893
- Gardner v. StateSupreme Court of Colorado · 1980
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