Brown v. Ashley
Nevada Supreme Court
Appeal from the District Court of the Fourth Judieial District, Humboldt County. The facts sufficiently appear in the opinion. I. The owner of land upon a natural watercourse is entitled to make a reasonable use of the water for irrigation.
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Appeal from the District Court of the Fourth Judieial District, Humboldt County. The facts sufficiently appear in the opinion. I. The owner of land upon a natural watercourse is entitled to make a reasonable use of the water for irrigation. (Angelí on Watercourses, secs. 119, 119a, 122; Thurber v. Martin, 2 Gray, 394; Davis v. Winslow, 51 Me. 290; Perkins v. Dow, 1 Boot, 535; Weston v. Alden, 8 Mass. 136; Anthony v. Lapham, 5 Pick. 175; Embrey v. Oioen, 6 Exch. 353; Blanchard v. Baker, 8 Greenl. 253; Wadsworth v. Til-lotson, 15 Conn. 366; Gillett v. Johnson, 30 Id. 183; Evans v. Merriweather,…
1Opinion
UPON REHEARING.
By the. Court,
Hawley, J.:
We granted a rehearing in this case, in order to give appellant an opportunity to re-argue the questions whether the court erred in granting the injunction and in allowing costs. A re-examination of the authorities has strengthened our conviction that the former opinion was correct in every particular.
Thorn v. Sweeney, 12 Nev. 251, upon which appellant relies, has no special application to the facts of this case. The principle therein announced, that a court of equity will not issue an injunction in cases of mere trespass where the injury complained of…
2Cases cited9 opinions
- Corning v. . Troy Iron and Nail FactoryNew York Court of Appeals · 1869
- Parker v. GriswoldSupreme Court of Connecticut · 1845
- Barnes v. SabronNevada Supreme Court · 1875
- Stein v. BurdenSupreme Court of Alabama · 1854
- Lyon v. McLaughlinSupreme Court of Vermont · 1859
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