Stoner v. Mau
Wyoming Supreme Court
Error to the District Court, Uinta County, Hon. Richard H. Scott, Judge of First Judicial District, presiding. Action by Frank A. Mau against John W. Stoner for damages and injunction on account of an alleged actual and threatened wrongful diversion of water from plaintiff’s ditch. Judgment went for plaintiff, and defendant, alleging error, sought a reversal. The material facts are stated in the opinion. The jury failed and refused to follow the instructions of the court.
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Error to the District Court, Uinta County, Hon. Richard H. Scott, Judge of First Judicial District, presiding. Action by Frank A. Mau against John W. Stoner for damages and injunction on account of an alleged actual and threatened wrongful diversion of water from plaintiff’s ditch. Judgment went for plaintiff, and defendant, alleging error, sought a reversal. The material facts are stated in the opinion. The jury failed and refused to follow the instructions of the court. Under the first instruction of the court, given at the request of the plaintiff in error, Stoner was not required to…
1Opinion
ON PETITION FOR REPIEARING.
Potter, Justice.
On the former hearing the judgment of the District Court in this cause having been affirmed, plaintiff in error applies for a rehearing; and the chief ground asserted in sup*402port of the application is that a reversal ought to follow from the alleged failure of the jury to accept the instruction of the court to the effect that if the ditch in question had been enlarged, and the ditches of the parties had been consolidated, and water used therein by both parties thereafter; they would be joint owners of the ditch, and the plaintiff could not recover in…
2Cases cited8 opinions
- Murray v. HeinzeMontana Supreme Court · 1895
- Homuth v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1895
- Emerson v. County of Santa ClaraCalifornia Supreme Court · 1871
- C. Aultman & Co. v. ReamsNebraska Supreme Court · 1880
- Scott v. MorseSupreme Court of Iowa · 1880
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