Greeley Irrigation Co. v. Von Trotha

Appellees, as plaintiffs, brought this suit against appellants to recover damages to their crops, caused *14by the overflow of tbe Cache la Pondré river -upon their lands. The appellants owned and operated, jointly, a certain line of ditch commonly known as “Canal No. 3,” which has its headgate on the south bank of, and takes its supply of water from, the Cache la Poudre river, at a point upon plaintiffs’ land.

The complaint, in substance, alleges: that defendants in November, 1903, constructed a wooden dam or check in, and across, said river; at a point about sixty feet below the headgate of…