The Federal Reporter; Cases Argued and Determined in the Circuit and District Courts of the United States Volume 245-246. West Publishing Company
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Author: West Publishing Company
Number of Pages: 1096 pages
Published Date: 13 May 2014
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
Format: PDF
ISBN: 9781235698880
File Name: The.Federal.Reporter;.Cases.Argued.and.Determined.in.the.Circuit.and.District.Courts.of.the.United.States.Volume.245-246.pdf
Download Link: The Federal Reporter; Cases Argued and Determined in the Circuit and District Courts of the United States Volume 245-246
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 edition. Excerpt: ... such remedy is not the tapping of plaintiff's ditch and the taking of water therefrom, whether such taking be called recaption or consistent use. These considerations dispose of defendant's contention that the master erred in holding that a prima facie case was established in favor of plaintiff when, from the pleadings and from the admissions of defendant, it appeared that plaintiff was the owner of the ditch in question and that defendant was taking the water therefrom, and would continue to do so unless restrained by the court. The same is true as to the contention that the master erred in sustaining objections to certain questions propounded to the witness McCoy. The testimony sought to be elicited by the questions had to do with the alleged enlargement of the ditch in 1906, and was relevant only to the defenses held to be unsound. As to the alleged error in sustaining objections to the testimony of the witness Newman, it is sufficient to say that such testimony might well have been rejected because of the time at which it was offered, and in any event, even if admitted and given full credit, it could not have affected the finding of the court that defendant's taking of water from the ditch was not open, uninterrupted, and of such a character as to raise a foundation for prescription. Though there are 55 assignments of error, there is no point made by any of them that is not disposed of by what has been said above. The decree of the District Court is affirmed. NORTHERN PAG. RY. CO. v. VAN DUSBN HARRINGTON CO. (Circuit Court of Appeals, Eighth Circuit. July 2, 1917.) No. 4960. Courts 3=262(2)--Federal Courts--Equitt Jurisdiction--Adequate Rem-Edy At Law. A bill to compel a railroad company to issue a hill of lading requiring it to...
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