Legal Opinion · Dissent

N. M. Long & Co. v. Cannon-Papanikolas Construction Co.

Utah Supreme Court

Decided September 17, 1959No. 8999Published

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

  1. Horne v. Utah Oil Refining Co.Utah Supreme Court · 1921
  2. Sullivan v. Northern Spy Mining Co.Utah Supreme Court · 1895
  3. Wrathall v. JohnsonUtah Supreme Court · 1935
  4. Herriman Irrigation Co. v. KeelUtah Supreme Court · 1902
  5. Glover v. Utah Oil Refining Co.Utah Supreme Court · 1923

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