City & County of Denver v. Merchants Biscuit Co.

Opinion by

Mr. Justice Teller.

The defendant in error brought suit against the plaintiff in error to recover damages caused by the high water in Cherry Creek on July 14, 1912, which damages are alleged to have been the result of the negligence of the City “in its fixing of a channel for Cherry Creek within the City,” and failure to exercise ordinary care and prudence “in adopting a plan to regulate the size, character, and carrying capacity of said channel.”

After a trial lasting some weeks the court instructed the jury to find for the plaintiff.

The city alleges error in the judgment entered…