Mason v. Cotton

Upon motion to dissolve injunction—

Hallett, J.

Plaintiffs own a flouring mill, situated near Fort Collins, in this state, which is operated by water obtained from the Cache-a-la-Poudre river, through a race about one mile and one-fourth in length. This mill and race have been used by plaintiffs and their grantors since 1872. In the summer of 1879 the Fort Collins Water Power Company, one of the defendants, made another race or canal, parallel in its general course to that used by plaintiffs, and above the latter, so_as to take water from the Cache-a-la-Poudre river at a point about one-fourth…