City of Florence v. Calmet

In the year 1885 the plaintiff located upon cer-. tain lands in the vicinity of Newland creek near the city of Florence. He constructed ditches for the purpose of taking water from Newland creek to irrigate these lands. In 1899 defendant constructed a system of water works and to supply such system took the water of Newland creek. In 1903 this action was brought by the appellee in the district court of Fremont county to recover a judgment for damages alleged to have been suffered by- him on account of the taking of the water by appellant, it being contended that the appellant diminished the…