True v. Rocky Ford Canal, Reservoir & Land Co.
Supreme Court of Colorado
Error to the District Court of Pueblo Coimty. Mon. N. Walter Dixon, Judge. Action by A. E. True against tbe Rocky Ford Canal, Reservoir and Land Company. From a judgment for defendant, plaintiff brings error.
1Opinion of the CourtJustice Gunter
delivered tbe opinion of tbe court:
Á general demurrer to tbe amended complaint was sustained, and, as tbe plaintiff stood upon bis complaint, tbe action was dismissed. Tbe question bere is, whether the following facts, which constitute tbe material allegations of tbe complaint, present a cause of action.
In December, 1889, tbe defendant was incorporated for tbe purpose of constructing, owning and operating an irrigating canal. In May, 1890, in order to secure a right of way for this canal over lands of tbe plaintiff, a written contract was entered into whereby plaintiff gave tbe right of way…
2Cases cited2 opinions
- St. Louis & Denver Land & Mining Co. v. TierneySupreme Court of Colorado · 1881
- Wolff v. HelbigSupreme Court of Colorado · 1895
3Cited by6 opinions
- Fearnley v. FearnleySupreme Court of Colorado · 1908
- New Brantner Extension Ditch Co. v. KramerSupreme Court of Colorado · 1914
- Barnsdall Oil Co. v. LeahyCourt of Appeals for the Eighth Circuit · 1912
- Evans v. Prosser Falls Land & Power Co.Washington Supreme Court · 1911
- Animas Consolidated Ditch Co. v. SmallwoodColorado Court of Appeals · 1912
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