Ladd v. Redle
Wyoming Supreme Court
ERROR to the District Court, Sheridan County, HoN. Joseph L. Stotts, Judge. Actions by Virga N. Ladd against William Redle and Rosa Redle. The material facts are stated in the opinion. It was the duty of plaintiff to use reasonable care to protect her land from further washing as a result of the acts of defendants, and she might construct embankments for that purpose. It was, therefore, error to exclude the testimony offered to show the necessary cost of such work.
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ERROR to the District Court, Sheridan County, HoN. Joseph L. Stotts, Judge. Actions by Virga N. Ladd against William Redle and Rosa Redle. The material facts are stated in the opinion. It was the duty of plaintiff to use reasonable care to protect her land from further washing as a result of the acts of defendants, and she might construct embankments for that purpose. It was, therefore, error to exclude the testimony offered to show the necessary cost of such work. (Sweeney v. Ry. Co., 25 Mont., 543.) The findings and judgment should have been in favor of plaintiff. The overwhelming proof…
1Opinion of the Court
CoRN, Chief Justice.
The plaintiff in the court below, plaintiff in error here, brought suit against the defendants for damages and also, in a separate action upon the same facts, sought an injunction against the defendants to restrain them from certain acts by which it is alleged the current of Big Goose Creek, a stream flowing through the town of Sheridan, is deflected from its natural course and thrown against plaintiff’s lots, thereby causing such current to continuously encroach upon and cut away plaintiff’s ground. The District Court consolidated the two actions and upon the trial gave…
2Cases cited4 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Pixley v. . ClarkNew York Court of Appeals · 1866
- Nordhaus v. Peterson Bros.Supreme Court of Iowa · 1880
3Cited by5 opinions
- Martel v. Hall Oil Co.Wyoming Supreme Court · 1927
- Erickson v. HudsonWyoming Supreme Court · 1952
- Wilkerson v. GarrettCourt of Appeals of Texas · 1921
- Lee v. BrownWyoming Supreme Court · 1960
- Atchison, T. & S. F. Ry. Co. v. HadleySupreme Court of Oklahoma · 1934