Raish v. Orchard Canal Co.

The Orchard Canal Company, a domestic corporation, owns, operates and controls a distributing system by which the waters of Clark Fork River are conducted to the lands of the company’s stockholders for irrigation purposes. The head-gate of the main canal is situated on land belonging to George W. Raish and was constructed in an abandoned channel of the river. It has three openings, each four feet wide and four feet high, with exterior and partition walls of masonry extending down the channel about fourteen feet. On top of these walls were heavy boards and on these boards, dirt to the depth of…