Malmstrom v. People's Drain Ditch Co.
Nevada Supreme Court
Appeal from the District .Court of the Second Judicial District of the State of Nevada, Washoe County; John S. Orr, Judge. Action by A. A. Malmstrom and wife against the People’s Drain Ditch Company. Judgment for plaintiffs, and defendant appeals. The facts sufficiently appear in the opinion.
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Appeal from the District .Court of the Second Judicial District of the State of Nevada, Washoe County; John S. Orr, Judge. Action by A. A. Malmstrom and wife against the People’s Drain Ditch Company. Judgment for plaintiffs, and defendant appeals. The facts sufficiently appear in the opinion. I. Counsel for appellant insist that the evidence on this case was insufficient to justify the verdict of the jury, and the judgment based thereon, for the reason that the evidence shows conclusively, and without any conflict, that if there was any damage done to the respondents’ land or the garden or…
1Opinion of the Court
By the Court,
Talbot, J.:
Plaintiffs sued to recover damages claimed to have been caused by the overflow of water from defendant’s ditch onto plaintiffs’ three lots in the town of Sparks. The ditch had *252been used for thirteen years, and the plaintiffs had erected a house upon and used the premises for about three years prior to this suit. The old right of way grade, and track of the Central Pacific Railway Company passed through the lots, and the defendant’s drain ditch crosses them diagonally. After the track was straightened and moved to another place a few years ago, the plaintiffs and their…
2Cases cited5 opinions
- Dimmick v. DimmickCalifornia Supreme Court · 1892
- In re the Estate of BoodyCalifornia Supreme Court · 1896
- Shields v. Orr Extension Ditch Co.Nevada Supreme Court · 1897
- Candler v. Washoe Lake Reservoir & Galena Creek Ditch Co.Nevada Supreme Court · 1905
- Ennor v. RaineNevada Supreme Court · 1903
3Cited by7 opinions
- Jones v. EdwardsNevada Supreme Court · 1926
- Gerlach Live Stock Co. v. LaxaltNevada Supreme Court · 1930
- In Re Wilson's EstateNevada Supreme Court · 1936
- Malmstrom v. People's Drain Ditch Co.Nevada Supreme Court · 1914
- McLeod v. Miller & LuxNevada Supreme Court · 1917
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