Mannon v. Farmers' High Line Canal & Reservoir Co.

This writ of error is directed to the district court of the City and County of Denver to review a judgment dismissing the petition of plaintiffs in error, who will be here referred to as Petitioners. The petition filed pursuant to C.R.S. ’53, 147-9-22, sought a modification of a water decree by changing the point of diversion. Hearing was had and at the conclusion of the petitioners’ evidence the court entered an order dismissing the petition, and on that occasion made informal findings holding:

1. That the burden was on the petitioners to show lack of damage.

2. That this burden had not been…