Sylvester v. Jerome
Supreme Court of Colorado
jError to the District Court of Arapahoe County. Action for injunctive relief to prevent the flooding of plaintiff’s property by water from defendants’ reservoir. In the district court a temporary restraining order was granted, which, after several unsuccessful attempts at dissolution was, upon final hearing, dissolved, the defendants, in the meantime, having reinforced the banks of their reservoir so as to prevent seepage therefrom.
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jError to the District Court of Arapahoe County. Action for injunctive relief to prevent the flooding of plaintiff’s property by water from defendants’ reservoir. In the district court a temporary restraining order was granted, which, after several unsuccessful attempts at dissolution was, upon final hearing, dissolved, the defendants, in the meantime, having reinforced the banks of their reservoir so as to prevent seepage therefrom. Upon the final hearing, it was specifically adjudged that the original injunction was properly issued, but that the occasion therefor had since been, removed by…
1Opinion of the Court
Chibe Justice Hayt
delivered the opinion of the court.
It is contended that the facts stated in the complaint are not sufficient to authorize equitable relief.
The remedy by injunction was invoked for the purpose of restraining the defendants from running water in a certain reservoir, from whence it was escaping by seepage upon plaintiff’s land, flooding his building lots, and filling the cellars of his houses with water, as it is alleged.
As a general rule, injunctive relief will not be granted to stay a mere private nuisance, unless it appears that irreparable mischief will result from…
2Cited by16 opinions
- Aldrich Enterprises, Inc., Etc. v. United StatesCourt of Appeals for the Tenth Circuit · 1991
- Board of County Commissioners v. Park County Sportsmen's Ranch, LLPSupreme Court of Colorado · 2002
- Kane v. Town of Estes ParkSupreme Court of Colorado · 1990
- Garnet Ditch & Reservoir Co. v. SampsonSupreme Court of Colorado · 1910
- Wheatland Irrigation District v. McGuireWyoming Supreme Court · 1975
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