Cardelli v. Comstock Tunnel Co.
Nevada Supreme Court
Appeal from the First Judicial District Court, Lyon County; G. B. Mach, Judge. Action by Orlando Cardelli and others against the Com-stock Tunnel Company and others. From an order refusing an injunction, the plaintiffs appeal. The facts sufficiently appear in the opinion.
Read the full summary
Appeal from the First Judicial District Court, Lyon County; G. B. Mach, Judge. Action by Orlando Cardelli and others against the Com-stock Tunnel Company and others. From an order refusing an injunction, the plaintiffs appeal. The facts sufficiently appear in the opinion. I. The act of Congress of July 25, 1866, entitled "An act granting A. Sutro the right of way and granting other privileges to aid in the construction of a draining and exploring tunnel to the Comstock lode in the State of Nevada,” gives to Sutro no right to the waters flowing out of said tunnel. The tunnel was not run or…
1Opinion of the Court
By the Court,
Fitzgerald, J.:
This is an action to determine the plaintiffs’ alleged right to one-half of the waters flowing and to flow from the Sutro tunnel, for $2,800 damages for defendants’ interference with said alleged right, and for a perpetual injunction and order restraining said defendants from interfering with said alleged right in future. The waters in controversy may, from the testimony in the case, be thus described, as to their source, nature, and situation:
On the 4th of February, 1865, the legislature of the State of Nevada passed an act (Laws .1864-65, e. 26) with the…
Also in this document: Per curiam.
2Cases cited8 opinions
- Barnes v. SabronNevada Supreme Court · 1875
- Hanson v. McCueCalifornia Supreme Court · 1871
- Southern Pac. R.R. v. DufourCalifornia Supreme Court · 1892
- Gould v. EatonCalifornia Supreme Court · 1896
- Crescent Mining Co. v. Silver King Mining Co.Utah Supreme Court · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hagerman Irr. Co. v. East Grand Plains Drainage Dist.New Mexico Supreme Court · 1920
- Binning v. Miller, Water Division SuperintendentWyoming Supreme Court · 1940
- Wattson v. United StatesCourt of Appeals for the Ninth Circuit · 1919