Fleming v. Lockwood
Montana Supreme Court
Appeal from District Court, Powell County; Geo. B. Winston, Judge. Action by 'Johanna Fleming, executrix of John Fleming, deceased, against W. S. Lockwood. Judgment for defendant. Plaintiff appeals from an order denying her a new trial.
1Opinion of the Court
MR. 'JUSTICE HOLLOWAY
delivered the opinion of the court.
This action was commenced in the district court of Powell county by Johanna Fleming, guardian of John Fleming, an incompetent person, to recover damages from W. S. Lockwood, and to secure an injunction restraining the defendant from maintaining and operating a certain irrigating ditch.
In substance, the complaint charges that the ditch was constructed over Fleming’s land, wrongfully and without his consent; that it was so carelessly and negligently constructed and managed by Lockwood that the water running therein seeped through the…
2Cases cited15 opinions
- Howell v. Big Horn Basin Colonization Co.Wyoming Supreme Court · 1905
- Chidester v. Consolidated Ditch Co.California Supreme Court · 1881
- Hentz v. Long Island RailroadNew York Supreme Court · 1852
- Gehlert v. QuinnMontana Supreme Court · 1907
- Lisonbee v. Monroe Irrigation Co.Utah Supreme Court · 1899
10 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Jacoby v. City of GilletteWyoming Supreme Court · 1946
- Mathews v. SniggsSupreme Court of Oklahoma · 1919
- Rauser v. Toston Irrigation DistrictMontana Supreme Court · 1977
- Burt v. Farmers' Co-Operative Irrigation Co.Idaho Supreme Court · 1917
- Nelson v. C & C PLYWOOD CORP.Montana Supreme Court · 1970
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