Stadler v. Missouri River Power Co.
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the District of Montana. The Helena Water & Electric Power Company, hereinafter designated the “Helena Water Company,” the predecessor of the appellee herein, had constructed and was maintaining a dam across the Missouri river in Lewis and Clarke county, Mont.
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Appeal from the Circuit Court of the United States for the District of Montana. The Helena Water & Electric Power Company, hereinafter designated the “Helena Water Company,” the predecessor of the appellee herein, had constructed and was maintaining a dam across the Missouri river in Lewis and Clarke county, Mont. On the bank of the river about eight miles above the dam the appellants owned and were operating a cattle ranch, consisting principally of low and comparatively level grazing and hay lands. The Helena Water Company wished to raise its dam, and, finding that it would thereby flood…
1Opinion of the CourtGilbert, Circuit Judge
The rights of the parties in the present litigation depend on the construction of the lease and the release executed on January 17, 1889. Those instruments, as was also the deed of the same date, were prepared by the attorney of the Helena Water Company. Before they were executed there was inserted by the said company at its own instance, by interlineation, in the lease the following clause: “Also such other land as the party of the first part now owns on the island in the Missouri River near the above-mentioned property,” and in the release the following: “Also the land on the island in the…
2Cases cited14 opinions
- Canal Co. v. HillSupreme Court of the United States · 1872
- Craig v. . WellsNew York Court of Appeals · 1854
- French v. . CarhartNew York Court of Appeals · 1847
- Winston v. JohnsonSupreme Court of Minnesota · 1890
- Marshall v. TrumbullSupreme Court of Connecticut · 1859
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3Cited by2 opinions
- Cover v. Platte Valley Public Power & Irrigation DistrictNebraska Supreme Court · 1956
- Virginian Railway Co. v. HoodSupreme Court of Virginia · 1929