Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1897-06-23

''"oe'i' mountains remained longer tha
Is usual: unusual and heavy storms ,uo
- vailed III May and Steamboat Craal. on,
its tributaries We're full and at times over
- i'o"eo thelr banks during the months
u OF May, June and July of that wear a.,
'e ti1e 18th day of May, great storm fiued
.,'o "ahks OF those streams oyerhowed
20 'he same, carried away dams, bridses and
/ ouihheads, and washed sedimer and
ue"ris over the flooded lands. O the 5tI
u uaS ol May, 1896, the gates of tt dam Of
5 'he outlet of WaShoe Lake were r.isad b,
4 the agent of the corporation unon tho Al
: rectlon Of the respondent Wi,tors ,.,
: were kept open until tho 15.t or
5 a' when time they were closed Il soon,s
I ' VIC i''hus Hooded by the dam on the
> "i"e's oi "ashoe Lake belonyjrg to
winters, were meadow lands. and the how
: wing thereon is usually harvested
r"'i''s July. On the 18th day of July of
'-'''' year, the gates of the dam were aa,in
raised by the Company, at the reouast of
"ii'er>, pursuant to said agreenent md
Vhere were discharged thelcfrom for son,o
i''i'' ABOUT 'hlrtT-five hundred inches of
water INTO Steamboat Creek. ,t this
'!"ie 'ile 'dhdS OF the appellant We're mar
i.1l ~
c''"F NODDED, and the water, DISCHARGED
from the lake ran down upon and snrood
| over part OF appellants meadow, o,,,,
| prevented her from haryas1inor ,ho ~
The natural channel of e,oo,,Ioa4
"ooNe The ranch of the appellant is !
:, o'i' 10 carry within its banks all |
'"e water turned therein during july and !
august 1876, and has been since 1850.
0A'el'' small part thereof Tho ,,,,,
ii"' sufficient /" carry the water has, L,o,,
| constructed and filled with se,ii,,act a,',
debris, which has settled ,i,a,o:,, -.
reason Of the dams ANA l,rll,-l,,.,,i,
malntaln"d by the upnr],a.,t and ha.
I,ttls It '''' l:rarS that in the
,''''V' ''"ii ....t early in july. tha
''''IN -'le'' ana Gam on appellants ranch
"cF" out of repair: that The ,vato,. ,,-,,
running under the huik-haad and o,.au
her lands, and could Not he contro1Io.l
u''ut' lle conditions of the cbannaI. !
''"i |" 1875 the quantity of water +
1''he ""Wn Steamboat Creek WAS
''o' S"'"rlent to do appellant much if 9
""H INJURY, and was often insuttiriant to ;
'iSale her Lands. 1t further annoar. :
'"' .'I' very large quantity C y-atar
store" IN 1870 in NaShoc Lake. and that r
'''e very large quantity Of water novinc
lilt" Steamboat Creek from said Tal,@ =
anu from streams and rayi,,cs trib,+ =
~ steamboat Creek, was due to tho 9
causes above set out.
me record also discIoses thor ,bo
!" "l""'' before the commencement af l.
"''i'h' hld commenced an ar.io,, ~
against certain other parties for i,n,o,r,. -
growing out of flooding waters dnr;,o -,
'hiS season, hat as the facts cnn,acto7 :,
nm thls suit Will not in auv po.n, -.
'he"t the decision of this case tto,, ,
omitted. '''eS are IN
u. ~" The facts above set out the court ri
,''''' '''''' me appellant had been dam
st'' ~ not being a..ie to har>.,i bar g,
i"P ~ 'he sum If $500, but gave iudg- ho
lith' tor the respondents.
ne errors assigned are: First tbo+
ne ''''oihgS c""r!lsions, judgments do tro
'9'"'S ana d""r''tS of the court are NOT ,o
''PPf'rted h% tha evidence and aro oo,,
'@rF |" the evidence. Second. error Of W.
1t court IN rendering a decision iudo ~
'eht and decree in favor of the rasno, a
pnts o'Poii- res
''''''nt paS1in" upon all the conton- o,,,
OILS presented hy the briefs. we find !, ri
IL record reason for atfirmiro thi. r0>
aghent. The appellant WAS a ,rn
"ter of the project to con>tr,,,, a
'he outlet OF Washoe Lakc for tbn 'i'
- "'''lllg water for irrigation.
'ier ''S owner of some interest in said
i'"' or as the agent of her immediate F
,'''i ohe was in control of the land
'he owner of some interest tberain or Sec
the agent of her Immediate pra,,,r til
iore ana at the time of the cops1ruc,io, File
VIC u'ili. She was present at the meat- Is
"heh Tue corporation was formed Or
'i't i'rAiatlon of the cOrporaii,n
" as ANXIOUS to have an interest in
project and was then informed Of ito
ipose and objects. She requested tho fhe
lhess Crane to obtain such an ;ntoro,t. fair
discussed the height of the nronosol, III.
ma - oiioeu iof stock in the Of m
'' Vi her Immediate grantor; she wins
u "eeeSshlehts upon this stock for the c1v
p''' 81 constructing the dam. The
Il Was discussed by her during its
>'i 'on; she attended some of tho repre-
7'''ig~ OF the stockholders and tooL conn
theroln; she accepted the benefits of THE
stored waters to irrigate the land Cleo
ing me dry months of the year: she ha.
cog Ehl-ant OF the agreement with a s1,,
'ers. Inc dam could not have hoen
l constructed without obtaipi,o,
o''cassion from the defendant Win
and she mnst ,,,o " IN | ha
1t is also apparent f,o,,, -, .,''s -, pleas
''l'' 'he dam was constructed bv {
'poration under the contract with ~
'ers; that the waters so stored were -
hereunder and the flow. Of tho
r was regulated thereby. II is wen Cal