Shields v. Orr Extension Ditch Co.
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Washoe county; A. E. Cheney, District Judge: Action for damages and an injunction against the On-Extension Ditch Company. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear in the opinion.
Read the full summary
Appeal from the District Court of the State of Nevada, Washoe county; A. E. Cheney, District Judge: Action for damages and an injunction against the On-Extension Ditch Company. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear in the opinion. I. The refused instructions may be summarized as follows: In the construction, operation and repair of ditches the owners are required to exercise no greater degree of care and skill than is exercised by ordinary prudent men when the risks are entirely their own, and such care and skill is relative to all the affecting…
1Opinion of the Court
By the Court,
Belknap, J.:
Respondent brought this action to recover damages to his land and crops hy water escaping from appellant’s ditch, and for an injunction restraining a repetition of the wrongs complained of. A trial was had before a jury, which resulted in a verdict for respondent, assessing his damages in the sum of $50 36, and for costs. Thereupon the court ordered judgment to be entered upon the verdict, and granted an injunction, restraining defendant from permitting water to escape from its ditch upon a portion of the described premises and denying it as to another portion used…
2Cases cited8 opinions
- Pixley v. . ClarkNew York Court of Appeals · 1866
- Parker v. LarsenCalifornia Supreme Court · 1890
- Richardson v. KierCalifornia Supreme Court · 1867
- Marshall v. HancockCalifornia Supreme Court · 1889
- McCarty v. Boise City Canal Co.Idaho Supreme Court · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Tormey v. Anderson-Cottonwood Irrigation DistrictCalifornia Court of Appeal · 1921
- Howell v. Big Horn Basin Colonization Co.Wyoming Supreme Court · 1905
- Kleinclaus v. Marin Realty Co.California Court of Appeal · 1949
- Kall v. CarruthersCalifornia Court of Appeal · 1922
- Johnston v. DelayNevada Supreme Court · 1945
14 more not listed; retrieve them via the Exa API.