Mountain Lake Mining Co. v. Midway Irr. Co.
Utah Supreme Court
Appeal from District Court, Fourth District; Hon. A. H. Christenson, Judge. Action by the Mountain Lake Mining Company against the ■Midway Irrigation Company and others. Judgment for plaintiff. Defendants appeal. STATEMENT OF FACTS.
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Appeal from District Court, Fourth District; Hon. A. H. Christenson, Judge. Action by the Mountain Lake Mining Company against the ■Midway Irrigation Company and others. Judgment for plaintiff. Defendants appeal. STATEMENT OF FACTS. Plaintiff brought this action against the Midway Irrigation Company, a corporation, and thirty-six other parties, to quiet title to certain water flowing from a tunnel constructed by it and its predecessor in interest, known as the Mountain Lake tunnel. Plaintiff alleges in its complaint that it is a corporation “engaged in the business of owning, developing, and…
1Opinion of the CourtMcCARTY, J.
(after stating the facts as above).
1 Appellants earnestly contend that the portion of the court’s •decision, wherein it is held that all of the water issuing from the Mountain Lake Tunnel in excess of three and one-half second feet was developed and collected by the •driving of the tunnel, and is water which had not theretofore found its way to the surface of the earth so as to become a *353tributary to or source of supply for any known surface stream, is not only unsupported by, but is contrary to, tbe evidence. Tbis is tbe decisive question in tbe case, and tbe only one we deem necessary to…
2Cases cited7 opinions
- Platte Valley Irrigation Co. v. Buckers Irrigation, Milling & Improvement Co.Supreme Court of Colorado · 1898
- Smith v. DuffMontana Supreme Court · 1909
- Moe v. HargerIdaho Supreme Court · 1904
- Buckers Irrigation, Milling & Improvement Co. v. Farmers' Independent Ditch Co.Supreme Court of Colorado · 1903
- Josslyn v. DalyIdaho Supreme Court · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Snake Creek Mining & Tunnel Co. v. Midway Irrigation Co.Supreme Court of the United States · 1923
- Sigurd City v. StateUtah Supreme Court · 1943
- Bastian v. NebekerUtah Supreme Court · 1916
- Peterson v. WoodUtah Supreme Court · 1927
- Salt Lake City v. Silver Fork Pipeline Corp.Utah Supreme Court · 2000
6 more not listed; retrieve them via the Exa API.