Lisonbee v. Monroe Irrigation Co.
Utah Supreme Court
Appeal from the District Court Sevier County, Hon. Wm. McCarty, Judge. Action by plaintiff against defendants for damages for improperly constructing and negligently maintaining certain irrigating ditches, and for an injunction restraining defendants from maintaining their ditches so as to injure property of plaintiff. From a judgment for defendants, plaintiff appeals.
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Appeal from the District Court Sevier County, Hon. Wm. McCarty, Judge. Action by plaintiff against defendants for damages for improperly constructing and negligently maintaining certain irrigating ditches, and for an injunction restraining defendants from maintaining their ditches so as to injure property of plaintiff. From a judgment for defendants, plaintiff appeals. That the owner of a ditch is liable for all waters flowing therein, which as a reasonable man, he should know would find its way therein, see: Jordan v. City of Mt. Pleasant, 49 Pac. 746; North Point Cons. Irrigation Co. v.…
1Opinion of the CourtZaNE, C. J.
The plaintiff alleged in his complaint he was the owner of 56 acres of land situated below defendant’s canals and lands irrigated from them; that they owned and controlled a certain ditch through which they carried surplus and waste water from off lands irrigated by them to the Sevier river, the source of supply; that such ditch extended through plaintiff’s land and had been improperly constructed and was negligently maintained; that in consequence of such defective construction and want of repair the drainage from the higher land irrigated from defendant’s canals was collected, and caused to…
2Cases cited1 opinion
- Jordan v. Mount PleasantUtah Supreme Court · 1897
3Cited by16 opinions
- Fleming v. LockwoodMontana Supreme Court · 1907
- Wilkinson v. StateUtah Supreme Court · 1913
- Howell v. Big Horn Basin Colonization Co.Wyoming Supreme Court · 1905
- AMS Salt Industries, Inc. v. Magnesium Corp. of AmericaUtah Supreme Court · 1997
- Jensen v. Davis & Weber Counties Canal Co.Utah Supreme Court · 1913
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