Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1899-03-03
(coNrlNrEn IRON SECOND pAGE>

.lht to the Use Of said water by virtue of
Ior appropriations made by the various
tH.arts FIR the purpose OF watering
oeE, domestic and irrigation.
As stated before the anpeal is from an
der of the court DENYING appellants
notion for a new trial. The action seems
have been commenced upon a theory
at the ma?ntainance of the dams under
ln conditions alleged by the appellants
instituted a nuisance, and q prayer wa
'ala that it be ab4ted and the appellants
aioiUcj from continuing tbs same. The
.itNas ~ronnuer."d in July lo'H, "dd "t.
&c. i" August. 1876. h testimony VIZ
E-. i'm tie fall of 1880 aui the spring ti
49,. GA Tire .tn .2T "i June, I'N, jA|
Hu. t!.G0"j.ce@ ats orc1-3on. aIr, on t@l
-lt &c., '. \l-.-j. '-n, made IT, fine
- ttr5 ant t'..-l.~. .nsrI law uft
w"". lH ttNor o.! The Iiai"i'it. ia utr
l,s- '' "IV"'aris g:tr f"t'r" o. n'"'''Ii
va now h'2. "..'' '"i""'N "+'t i"
o< e. L, the >.Hl'. tt' ".1'rHtrh. "'J I'D
nd 'IS.1 ~-.f. ..a, cert .H'.t ~ jht it,
No lAs h"" 'r" iy..ri "n I'll" l't- Gag
Il if'"rI". -I-+'.
Tn. findings Of ffrf were to the etEe-t
hat Cor Ncuty wears prior 10 the com
uencalueuI Of ia, 3',iau. He respondent
ana lis gr,utur> and predecessors in III
ter rest having GWreI and puaSessed a Ger
ain tract Of land consisting Of 1850 acres
referred to in tho coma laint. through
which tract of land the humboldt River
run. and that said river was a natural
water course through which have at all
times flowed in a natural channel the
waters Il rre0f: that the respondent for
twenty y ..ars prior to the commencement
of 1.-THE action. and his grantors and prede-
cessnrs had owned and possessed the right
to use for the purpose of irrigation, wat
ering stock and for domestic
1900 inches of the waters Of said river,
measured under a four inch pressure;
that the use of said water upon said
lands upon said lands for said purposes
during said times has been necessary. is
vet necessary and must so continue to be
for the inst. nroftable remuneratiye en-
ioynent. use or cultivation of the land;
that during said times ther respondent and
his nrantors under the claim and right
so to do hv nrior apnropriation. did use
all of said IA. O 0 inches of waite, advers.
edlv to all persons. and from that time
until the commencement of the actor
lis use thereof had been to the same e..
tent except that during a period between
the month of March 1880 and tho com
mepcemant of this action civilian Dim
Dbv named in the complaint. and defend
derson iuterrupted PLAINTIFFS said use a.
in those findinos state !. that on or abon
the Fl rst dav of Anril 1889. and thereafte
nh to the date of the mmence
OF this action. the SAT-
William DUMMY. George w. GravsoI
and p Anderson diverted ALI of tn
rva+ors ofsaid e+raau v-itbouttba consan
NJ nlaintifT and maintained in sal,
stream and its said hannels dam
aud truntions to tho flow :
aid v,+ar wbicb DAMS and ~
,.ru.tions were. during the period b.
,.vaan March, 1889. aud the date VI the .on
.,ancnruqnt 0FthiS action }v said vii
lam Dunnhv and the defendants Ia,
named. so maintained in said stream al.
cha 1niG ftljf All no waters ~ Nfl
.,.to and every p,rt Of said l4Jf
inches thereof then flowing in sal
.t,n,m AMI channels were diverted aw:
rran, ia. dams. ditrhcs and ther appi
ance, Of the plaintiff, whereby the saH
tract of PLAINTIFFS land had been prior
said nerjad last above referred to irr
gatc1. and whereby during sad periC
said tract ought TO have been irrigate
that during the period between Mare
1880 and the date of the comlnencelne
ofthis action. LARGE and aIpreriahleuua
tities of said waters of said stream flow,
therein and in the channels there
v,,,, were wholly diverted As in the
6n.;i rs stated bv said dams and obstr,
lion, as 50 maintained by William Du
nhv George w. Grayson and J. p. A
larson. that during said last specifi
period they so maintained said dams a
distinctions in said stream and channe
that al, the waters of said stream W.