Paige v. Rocky Ford Canal & Irrigation Co.

The Court.

We granted a rehearing in this case after affirmance of the judgment of the superior court, because we were in doubt whether there was not a fatal conflict in the findings as to appellant’s claim of prescriptive right to maintain the dam in the south fork of Pack-wood Creek, and to divert the waters of the creek through its canal. After the reargument, and a careful re-examination of the findings, we are satisfied that they are entirely consistent. They are not so clearly expressed as they might have been upon one or two points; but reading them and construing them all together,…