Johnson v. Sherman County Irrigation, Water-Power & Improvement Co.
Nebraska Supreme Court
Appeal from the district court for Valley county. Heard below before Kendall, J.
1Opinion of the Court
Hastings, C.
The essential question presented by this case seems to be the nature and extent of the right to flow real estate and to divert water Avhich can be acquired by mere acquiescence for a period short of ten years on the part of the riparian owners.
In March, 1887, John Gr. Schaupp visited Arcadia, on the Middle Loup river, with a view to establishing a flouring mill. He found where that river crosses section 26, township 17, range 16 west, an island half a mile long, and comparatively narrow, and on the northeast of it a channel, through which a strong current was then running. He *511found…
2Cases cited9 opinions
- Crosdale v. . LaniganNew York Court of Appeals · 1892
- Cary Hardware Co. v. McCartyColorado Court of Appeals · 1897
- Nowlin Lumber Co. v. WilsonMichigan Supreme Court · 1899
- Pifer v. BrownWest Virginia Supreme Court · 1897
- Thoemke v. FiedlerWisconsin Supreme Court · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Smith v. GarbeNebraska Supreme Court · 1910
- Gross v. JonesNebraska Supreme Court · 1909
- Johnson v. Sherman County Irrigation, Water Power & Improvement Co.Nebraska Supreme Court · 1904