Quigley v. Birdseye
Montana Supreme Court
Appeal from Third Judicial District, Deer Lodge County. Action for damages for the diversion of water. The cause was tried before Dureee, J. Plaintiff had judgment below. Statement of the case by the judge delivering the opinion. The plaintiff brought his action for damages for the taking and diversion of water claimed by him. He also asked that the defendants be enjoined from interfering with his water right.
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Appeal from Third Judicial District, Deer Lodge County. Action for damages for the diversion of water. The cause was tried before Dureee, J. Plaintiff had judgment below. Statement of the case by the judge delivering the opinion. The plaintiff brought his action for damages for the taking and diversion of water claimed by him. He also asked that the defendants be enjoined from interfering with his water right. The plaintiff admitted the right of the defendants to two hundred inches of the water of Ophir Creek, said right dating from an appropriation in the year 1865. Subject to such right,…
1Opinion of the CourtDe Witt, J.
We will examine the points made by appellants in the order in which they have presented and discussed them.
1. The court refused to give the following instruction requested by the defendants: “ Fourth. The plaintiff is required to prove any damages claimed to a reasonable certainty; the jury cannot give damages on mere speculation. That, to entitle the plaintiff to damages for loss to his garden, it is necessary that there should be proof of the amount of vegetables he would have raised with a supply of water, and the value of such vegetables, after deducting the cost of planting and raising…
2Cases cited9 opinions
- Fairfax's v. Hunter's LesseeSupreme Court of the United States · 1813
- Mooers v. WhiteNew York Court of Chancery · 1822
- Phillips v. MooreSupreme Court of the United States · 1879
- Osterman v. BaldwinSupreme Court of the United States · 1867
- Upton v. LarkinMontana Supreme Court · 1888
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3Cited by9 opinions
- Fries v. Acme White Lead & Color WorksSupreme Court of Alabama · 1918
- Norman v. GoodeSupreme Court of Georgia · 1904
- Middle Creek Ditch Co. v. HenryMontana Supreme Court · 1895
- McDonald v. LannenMontana Supreme Court · 1897
- Abrams v. StateWashington Supreme Court · 1907
4 more not listed; retrieve them via the Exa API.