Clark v. Cambridge & Arapahoe Irrigation & Improvement Co.
Nebraska Supreme Court
Appeal from the district court of Furnas county. Heard below before Welty, J. There is a statement of the case in the opinion, As to title to the water rights and character of the stream the following authorities are cited: Illinois C. R. Co. v. People, 146 U. S., 387; Jones v. Soulard, 24 How. [U. S.], 41; Smith v. (My of Rochester, 92 N. Y., 463; Chenango Bridge Co. v. Paige, 83 N. Y., 178; Avery v. Fox, 1 Abb. [U. S.], 246; The “Montello,” 20 Wall. [ü.
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Appeal from the district court of Furnas county. Heard below before Welty, J. There is a statement of the case in the opinion, As to title to the water rights and character of the stream the following authorities are cited: Illinois C. R. Co. v. People, 146 U. S., 387; Jones v. Soulard, 24 How. [U. S.], 41; Smith v. (My of Rochester, 92 N. Y., 463; Chenango Bridge Co. v. Paige, 83 N. Y., 178; Avery v. Fox, 1 Abb. [U. S.], 246; The “Montello,” 20 Wall. [ü. S.], 430. The mill is a public nuisance and subject to abatement. (Wood, Nuisance [2d ed.], 80, 792; Cooley, Torts, 612, 614; Rhodes v.…
1Opinion of the CourtPost, J.
This is an appeal from a decree of the district court for Furnas county perpetually restraining the defendant the Cambridge & Arapahoe Irrigation and Improvement Company from diverting the waters of the Republican river for the purpose of irrigation by means of a ditch or canal of which the defendant company is the owner and proprietor. It is in the petition, in- substance, alleged that the plaintiff, in the year 1879, in said county, erected a mill for the purpose of grinding grain, and has since the completion thereof in the year mentioned continuously used and operated said mill for the…
2Cases cited13 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- The MontelloSupreme Court of the United States · 1874
- Miller v. Mayor of New YorkSupreme Court of the United States · 1883
- Reno Smelting, Milling & Reduction Works v. StevensonNevada Supreme Court · 1889
- Potomac Steamboat Co. v. Upper Potomac Steamboat Co.Supreme Court of the United States · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Nebraska v. WyomingSupreme Court of the United States · 1945
- Board of Directors v. CollinsNebraska Supreme Court · 1895
- Enterprise Irrigation District v. Tri-State Land Co.Nebraska Supreme Court · 1912
- Cummings v. HyattNebraska Supreme Court · 1898
- Kinkead v. TurgeonNebraska Supreme Court · 1905
19 more not listed; retrieve them via the Exa API.