Judgement for Plaintiffs in Sum of $800 for Water Rental for Four Years—Defendant Claimed Perpetual Water Right Without Compensation for His Land.
Judge Stewart yesterday rendered a decision in the case of Joseph Perrault and R.Z. Johnson vs. Enos C. Walling, wherein the plaintiffs sought to recover the value of delivering water to the defendant from the plaintiffs’ irrigating ditch during the years 1902 to 1905 inclusive. The parties in the case entered into a stipulation that a reasonable charge for said water is $2 an inch and the evidence showed that 100 inches had been used by the defendant annually during the past four years. The court decided that “plaintiffs are entitled to recover from the defendant the sum of $800, being a reasonable and fair charge for the rental of said water during the period named.”
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