Legal Opinion
Butler v. Pollard
Court of Appeals for the Tenth Circuit
Decided August 21, 1986No. Nos. 83-1917, 83-1954PublishedCited by 11 opinions
1Opinion of the Court
McKAY, Circuit Judge.
This diversity case involves a ditch that was dug by agents of the county commission across lands presently owned by plaintiffs. The ditch effectively drained an accumulation of water located on the individual defendants’ lands, and the draining increased the value of the drained land. At issue in the trial court was whether the digging of the ditch and the subsequent diversion of water over plaintiffs’ lands constituted a trespass for which plaintiffs could recover damages and obtain an injunction. The specific factual issues to be decided in the trial were whether…
2Cases cited8 opinions
- Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
- Dairy Queen, Inc. v. WoodSupreme Court of the United States · 1962
- Annette Heyman, Individually v. Robert S. KlineCourt of Appeals for the Second Circuit · 1972
- Trudy UNGER, Plaintiff-Appellee, Counter-Appellant, v. CONSOLIDATED FOODS CORPORATION, Defendant-Appellant, Counter-AppelleeCourt of Appeals for the Seventh Circuit · 1982
- Fairlawn Cemetery Ass'n v. First Presbyterian Church, U. S. A. of Oklahoma CitySupreme Court of Oklahoma · 1972
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Dennis Skinner, and Cross-Appellant v. Total Petroleum, Inc., a Michigan Corporation, and Cross-AppelleeCourt of Appeals for the Tenth Circuit · 1988
- Onvoy, Inc. v. Allete, Inc.Supreme Court of Minnesota · 2007
- Marquardt v. PerryColorado Court of Appeals · 2008
- Ag Services of America, Inc. v. NielsenCourt of Appeals for the Tenth Circuit · 2000
- Mabry v. The State Board Of Community Colleges And Occupational EducationCourt of Appeals for the Tenth Circuit · 1987
6 more not listed; retrieve them via the Exa API.