Hottell v. Farmers' Protective Ass'n
Supreme Court of Colorado
. Appeal from, the District Court of Weld County. On March. 19,1884, Benjamin F. Hottell was the owner of two adjacent tracts of land at Fort Collins, Colorado, separated merely by an arbitrary line, situate upon one of which was a grain elevator, and upon the other, and near this elevator, was a flouring mill.
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. Appeal from, the District Court of Weld County. On March. 19,1884, Benjamin F. Hottell was the owner of two adjacent tracts of land at Fort Collins, Colorado, separated merely by an arbitrary line, situate upon one of which was a grain elevator, and upon the other, and near this elevator, was a flouring mill. On the last mentioned tract was a mill -race, and at the end thereof an iron pipe line into which water from the race flowed, and thence was discharged on to a water wheel connected with the mill machinery, thus furnishing the motive power for the mill, and, by a sprocket chain…
1Opinion of the CourtChief Justice Campbell
delivered, the opinion of the court.
Qf the .two branches of this'case, one relates to the money • judgment. , Quite independently of the other questions as to *71.the duty of the defendants to furnish water power, it is clear ■that both defendants should respond in damages for the wrongs committed by them. It is here conceded that the 'plaintiff company had the right to the use of the mill race as the source of its water power, though the extent of the right as claimed is denied.'
The mill race was on the defendants’ premises, and for a series of years they obstructed the plaintiff in the use of…
2Cases cited5 opinions
- Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
- Norcross v. JamesMassachusetts Supreme Judicial Court · 1885
- Fitch v. JohnsonIllinois Supreme Court · 1882
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- Duncan v. RodeckerWisconsin Supreme Court · 1895
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- Wright v. Horse Creek RanchesColorado Court of Appeals · 1983
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