City of Boulder v. Fowler
Supreme Court of Colorado
Appeal from Boulcler County Court. The appellant, the city of Boulder, a municipal corporation, undertook to supply water for irrigation to such of its inhabitants as might desire the same for that purpose. To carry out this undertaking it, in some measure, used the gutters at the sides of its streets as distributing ditches. The appellee, Mary O. Bowler, owned and occupied as a place of residence two lots in said city, fronting on one of these streets.
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Appeal from Boulcler County Court. The appellant, the city of Boulder, a municipal corporation, undertook to supply water for irrigation to such of its inhabitants as might desire the same for that purpose. To carry out this undertaking it, in some measure, used the gutters at the sides of its streets as distributing ditches. The appellee, Mary O. Bowler, owned and occupied as a place of residence two lots in said city, fronting on one of these streets. The surface of her lots was lower than that of the street in front thereof, and, as the evidence tends to show, the water, or some portions…
1Opinion of the Court
De France, C.
The principal claim made by counsel for appellant, as may be inferred from the argument, is that the verdict is contrary to the evidence. But the verdict of a jury cannot be disturbed in cases like the present, where the evidence is conflicting, and the verdict is not clearly opposed to the weight of the testimony. Barker v. Hawley, 4 Colo. 316. The motion for a new trial was properly overruled, and likewise the motion for a nonsuit.
*398The other errors assigned relate to the giving and refusing of instructions to the jury. The same proposition of law contained in the instruction…
Also in this document: Per curiam.
2Cases cited2 opinions
- Campbell v. Bear River & Auburn Water & Mining Co.California Supreme Court · 1868
- Barker v. HawleySupreme Court of Colorado · 1878
3Cited by11 opinions
- Moffatt v. TenneySupreme Court of Colorado · 1892
- Burt v. Farmers' Co-Operative Irrigation Co.Idaho Supreme Court · 1917
- North Sterling Irrigation District v. DickmanSupreme Court of Colorado · 1914
- Calvert v. AndersonMontana Supreme Court · 1925
- Oliver v. Amity Mutual Irrigation Co.Colorado Court of Appeals · 1999
6 more not listed; retrieve them via the Exa API.