Legal Opinion

Jenkins v. Hooper Irrigation Co.

Utah Supreme Court

Decided March 24, 1896No. 622PublishedCited by 14 opinions

Appeal from the district court of the Fourth judicial district, Territory of Utah, Hon. H. W. Smith, Judge. Action by Joseph Jenkins against the Hooper Irrigation Co., and others, for damages sustained by the negligent use of defendant’s canal, whose waters carried alkali onto the land of plaintiff. From a judgment for defendants and an order denying a new trial, plaintiff appeals.

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Appeal from the district court of the Fourth judicial district, Territory of Utah, Hon. H. W. Smith, Judge. Action by Joseph Jenkins against the Hooper Irrigation Co., and others, for damages sustained by the negligent use of defendant’s canal, whose waters carried alkali onto the land of plaintiff. From a judgment for defendants and an order denying a new trial, plaintiff appeals. The testimony of the witnesses for respondent, upon which appellant makes assignments of errors 1 — 6, showing how other ditches were cleaned, was not introduced for the purpose of making a defense to the charge of…

1Opinion of the Court

Zane, C. J.:

This is an action to recover damages to plaintiff’s lands, in consequence, as alleged, of the negligence of defendants in control of their irrigation canal. The plaintiff was at the time this suit was instituted, and for many years previous, the owner and occupant of 25 acres of bottom lands (much of it alluvial) on the south side of the Weber river, in Weber county, which he was using, at the happening of the wrongs complained of, as a garden and orchard. The canal was used between the 1st day of May and the 1st day of the following October, each year, to carry water from the…

2Cases cited2 opinions

  1. Bolton v. Colder & WilsonSupreme Court of Pennsylvania · 1833
  2. Frith v. BarkerNew York Supreme Court · 1807

3Cited by14 opinions

  1. Howell v. Big Horn Basin Colonization Co.Wyoming Supreme Court · 1905
  2. Phoenix Assurance Co. v. Texas Holding Co.California Court of Appeal · 1927
  3. City of Wynnewood v. CoxSupreme Court of Oklahoma · 1912
  4. Jensen v. Davis & Weber Counties Canal Co.Utah Supreme Court · 1913
  5. Mallett v. TaylorOregon Supreme Court · 1915

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