White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1921-05-19
LAGARRA CASE TO Be
SUBMITTED ON BRIEFS

The suit of Kate Il. Smith agains
the Marcas Lagarra Company wa
tried in the district court last week
The suit was brought Oh IA breach o
contract and to recover admagei
claimed as the result OF such reach
Attorney J. NJ. Lockhart appeared
for the plaintiff, Mrs. Kate p. Smith
and Attorneys Reynolds and Father
OF Eureka were the attorneys for thf
defendant. the Marcas Legarra Com
pany.
From the testimony introduced al
the trial it appeared that Mrs. Smith
who is the owner of a ranch at Straw
berry, leased to the Legarra sheep
company a right to water sheep or
certain springs located neal the sum-
nit of the Diamond range of noun
tains, east of the Smith ranch. The
lease designated by boundaries a rec
tangular section OF land. of which
the western boundary vas marked by
"a line of stakes which indicated GER
lain springs and w-atercourses. below
which the lessor claimed that the
sheep of the lessee should not be al
lowed to wate-.
From the testimony of Miss Win
nifred Smith, IA daughter OF the plain
I'M l. dpPtatth tiu ti0 dtio u
the Legarra company had allowed
the sheep 10 range and water below
the stake line. causing damage to the
springs and bitches. which required
considerable work and expense 10
plaintiif to restore them to such con
dition as would permit the water TO
flow to the ranch fer the irrigation of
crops.
Mrs. w. II. Hooper, another daugh-
ter of the plaintiff. testified hat she
and her sister. Miss Winnifred. super
vised the work OF the ranch and did
most of the riding required in the
care of the cattle owned by their
mother. She told of the cattle being
forced to leave the regular range
by the inroads OF the sheep. and that
the cattle for this reason would no,
e on the range but wandered down
TO the fiat She also told of the dam.
age to the water bitches by the sheer
and that the herders would not keeI
The sheep above the stake line.
Marcas Legarra in t~estifying in his
W defense declared tina. he hat
no knowledge of his sheep causinf
damage to the water bitches and tina
on the complaint OF the people at TIN
ranch had moved his sheep out of tn
district.
The argument of counsel for tn
plaintiff declared that the defendan
had broken his contract by permit
ting his sheep to go below the stak
line and damaging the water ditehe
OF plaintiff, as we'll rs causing damag
&c the growing crops of plaintiff b
cutting of the supply OF water 10
irrigation. owing to the trampling c
the springs and breaking of ditche
by the sheep.
Attorney Reynolds for the defend
ant company contended that the do
PENDANT had a right under the cor
tract to permit his sheep to folio
the watercourses OF the springs undo
lease. even il the sheep did go belo'
the stake line. which he did not az
nit. He claimed that the land o
which the lease was located was pul
lie domain and that nothing in tn
contract could prohibit the defendar
from grazing his sheep on this lane
At the conclusion of the argument
by counsel the matter was reaueste
70 be submitted to the court upon tn
Ming o. briefs by the attorney,
which request was granted by til
court and the defendants given te
days In which TO prepare and submi
such briefs. after which the plainti
would be given an additional time c
five days In which to make the filings