N. M. Long & Co. v. Cannon-Papanikolas Construction Co.
Utah Supreme Court
1DissentWade, Justice
If the evidence would compel a finding that defendants’ drains had the effect of depleting plaintiffs’ water supply, as I think it would, then in my opinion plaintiffs were each entitled to damages therefor. I will first consider the question of whether plaintiffs are entitled to damages after *313a brief statement of some facts which should be kept in mind during this discussion. Then I will discuss whether the evidence would compel a finding that defendants’ drains depleted plaintiffs’ water supply.
Each of the three plaintiffs established an adjudicated right by appropriation and beneficial use…
2Cases cited13 opinions
- Horne v. Utah Oil Refining Co.Utah Supreme Court · 1921
- Sullivan v. Northern Spy Mining Co.Utah Supreme Court · 1895
- Wrathall v. JohnsonUtah Supreme Court · 1935
- Herriman Irrigation Co. v. KeelUtah Supreme Court · 1902
- Glover v. Utah Oil Refining Co.Utah Supreme Court · 1923
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