Crescent Mining Co. v. Silver King Mining Co.
Utah Supreme Court
Appeal from district court, Salt Lake county; Ogden Hiles, Judge. Action by the Crescent Mining' Company against the Silver King Mining Company. Judgment for defendant. Plaintiff appeals. This prescriptive period of seven years is fixed by law. But, we understand, it is contended on the other side that this statute, by the general principles of law, ought to be confined to natural water courses. But that is not the law.
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Appeal from district court, Salt Lake county; Ogden Hiles, Judge. Action by the Crescent Mining' Company against the Silver King Mining Company. Judgment for defendant. Plaintiff appeals. This prescriptive period of seven years is fixed by law. But, we understand, it is contended on the other side that this statute, by the general principles of law, ought to be confined to natural water courses. But that is not the law. It has been expressly decided that prescriptive rights at common law can be acquired both in the artificially increased flow of a stream and in an artificial stream. Smith v.…
1Opinion of the Court
MINER, J.:
It appears from the findings of the lower court that the plaintiff in the year 1886 constructed a dam across the outlet of what is called “Thayne” or “Shadow” Lake, and by this means impounded and retained the waters flowing into said lake, and, by means of a pipe line inserted into said lake, took from the unappropriated waters thereof sufficient to fill its said pipe, and carried the same to the Crescent mine, for use in carrying on the mining operations of the plaintiff; that one of the principal sources of supply of said Shadow Lake or reservoir was the stream of water flowing…
2Cases cited27 opinions
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Taylor v. FickasIndiana Supreme Court · 1878
- Chatfield v. WilsonSupreme Court of Vermont · 1855
- Roath v. DriscollSupreme Court of Connecticut · 1850
- Bigelow v. Hartford Bridge Co.Supreme Court of Connecticut · 1842
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3Cited by38 opinions
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- Wrathall v. JohnsonUtah Supreme Court · 1935
- People v. PalumboIllinois Supreme Court · 1955
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