Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1897-06-23
'fINI1N-BN MASSEY I

me appellant hrouyht this action to 70
N'>e' Judgment for damages against the
respondents, caused ny flooding water
'"''i III" Judgment III t1N0r Of the re-
Npohn"htN a"d from au order drnrjn,r an
p'l'"1ll motion f0r new trial. this an
peal has Nc"u taken
ihe complaint charges ,l,,, in Nav. 1.o.
Inc respondent opened ire .,lt-- .,r .bI'
"din used for storing water in ll-,.b,o
'''he ana discharged large qitanti,je, nf
wafer thrrefrpin in excess of what ,-,
necessary l" lrriga.e lands, ,hpr, hv IT..
'ieaSihg the ii"1v in Steam boat I,r,..n. .,,,5
causing the Creek 10 overflow. i,u l.,,,l
ana [" HOOD IL" appellants land and :,
wash sand and gravel ON tf4 s,i.1 ,.,,,
an" L" wash ulit til" hc",l pa:e and ;,,.
''', boxes ana t fill u her i. eating
"i''ueS' hE'hin II impossible for her 10
save he' nay crop. II is further charrad
III S"i" complaint that ON the 18th fay Of
'"iS' iN'", respondents again Crpcued tbo
gates OF SAID dam and DISCHARGED into
Said Steamboat Creek large quantities of
water IN excess of what was necnssar,., +,
Iflgate the land, lying below said i,l,
thefehY causing said creek to eyerho,,- t..
panhS and to wash sand and gravel unon
the appellants meadows, making it inn
possible for the appeli,u Mt to cut and save
her crops of hay
Inc respondents filed separate ,,,s,,-o,.s
denying the averments of the comnI,i,,+
ana by way of new matter a]leoed in s,,1,
stance, that the Washoe Lake Rasor,oix
ana Galena Ditch COMPANY had CON
la a.
Ne 'oi 'he purpose of holding back the
"".0'' u irrigate lands, and that the an
peiiaht was member of said corporation
anu as siich assisted in the constructions
anu maintenance of said dam. and usod
'iie waters thereby restrained to irripata
her lands and the crops growing thereon
Inc iacts disclosed by the record !,
ofIei' are: that in the summer of 1896 and
''iore 'hi't ume, the appellant owned and
ooupied certain lands in the lower end
vi o'eamboat Valley. which vera i,r;
gated by the waters of Steamboat l,roo,.
one and her grantors have claimed and
owned said land since ahout ,sco c
"'Seo ana harvested crops of hay .
o'i since that date. Steamboat Creels
- " natural water course with it's princi
'ai s""rce IN WashOe Lake, flowing ovar
D." 'nio"sh the lands Of the appellant.
WINS Creek and Galena Creel oro g
'ioutarles of Steamboat Creek tho wv. d
'iiefeo1 flowing into Steamboat crae,, u
l"o'e the appellants land. Hutf.Ler,s :.
10 also tributary to Steamboat Creel,
nd flows therein o,, tho-,, ieeh | fo
1any gulches and rpeiiaht lands CT
'aters into Washoe Lake and S+o.,, la
feek and It's tributaries above apne1, ="
'ht lands during the spring season a,d a'
mes oi ireshet. The volume of w.tor -,
owing INTO Steamb boat Creek is v,r;.I,,a vi
Hmes being very large and a+ o,I,o pc
mes not sufficient to irrgate the I.ra. p'
.he farmers residing thereon: and exer ui
sing the right to use the waters for th.. u"
trpose. ''"' lor
'fdiharliy three or four tbous,,s "e
VI water flow naturally out of r..
"'ioe Lake INTO Steamboat Creek and sr
"''o 'iihes that creek carries about TO, a..
U'sa1d inches. The lands of the an ~ s"'
iant are in the lowest portion of sto.,, ID,
az ' alley and during the times of b;ob l.. .
are Hooded. In 1850, the partias a:-
70 own these lands, and certain 49,.
p"ities' constructed a ditch from
''' III steam boat Creek about ono ,,,;,o 1'i'
o'e 'he appellants sait land .nd - eis'
~ -nefeoi 10 Hutfakcr's Creek. This 90
q" "'s constructed for the purno.o - 90