Evans v. Prosser Falls Land & Power Co.
Citations
- 62 Wash. 178
- 113 P. 271
- 1911 Wash. LEXIS 670
Syllabus
<p>Waters — Irrigation—Contracts—Breach—Act of God. Where an irrigation company contracted to irrigate certain lands from the natural flow of a stream, saving responsibility for shortage by the act of God, it is not excused from performing by unusually low water during certain seasons, where it had diverted part of the natural flow t'o supply a town with water.</p> <p>Same — Contracts—Breach—Supply—Salvage Waters. Where an irrigation company is under contract to irrigate certain lands from the natural flow of a stream, waters seeping through the company’s dam at the time of the contract cannot be treated as salvage waters and used for other purposes, on the construction of a new dam saving the waste waters, where the parties contracted for irrigation with reference to the natural flow of the stream.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “[T]he jury’s decision must be based on the evidence[.]” (citing Sheppard v. State, 777 So. 2d 659, 662 (Miss. 2000))
- “[T]he jury’s decision must be based on the evidence; thus any verdict based on ‘bias, passion, or prejudice’ will be overturned.” (quoting Sheppard v. State, 777 So. 2d 659, 661 (Miss. 2000))
- “This Court stands firm on the long-standing principle that it is the jury’s responsibility to decide if an instrument constitutes a deadly weapon.” (citing Duckworth v. State, 477 So. 2d 935 (Miss. 1985))
Source: CourtListener parenthetical corpus (CC0).
Judges: Fullerton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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