Rogers v. Lower Clear Creek Ditch Co.
Supreme Court of Colorado
Error to Adams District Court, Hon. H. S. Class, Judge.
1Opinion of the CourtJustice Garrigues
This is an action for damages to plaintiff’s land occasioned by cave-ins of the surface into an artificial gully alleged to -have been caused by waste water escaping from defendant’s ditch.
*217When the ditch was constructed in 1867, it crossed a certain wide draw, or slight depression, extending through a practically level country, the general slope of which was towards the Platte river. This canal is about 8 feet wide on the bottom and where it crossed the draw, a spillway was installed and the draw utilized as a waste ditch. The waste ditch was essential to the maintenance of the canal, and we…
2Cases cited8 opinions
- Yunker v. NicholsSupreme Court of Colorado · 1872
- Schilling v. RomingerSupreme Court of Colorado · 1878
- Tynon v. DespainSupreme Court of Colorado · 1896
- Graybill v. CorlettSupreme Court of Colorado · 1915
- Arthur Irrigation Co. v. StrayerSupreme Court of Colorado · 1911
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3Cited by13 opinions
- Majestic Heights Co. v. Board of County CommissionersSupreme Court of Colorado · 1970
- Hankins v. BorlandSupreme Court of Colorado · 1967
- Upper Eagle Valley Sanitation District v. CarnieColorado Court of Appeals · 1981
- Enke v. City of GreeleyColorado Court of Appeals · 1972
- Hayes v. City of LovelandColorado Court of Appeals · 1982
8 more not listed; retrieve them via the Exa API.