Leonard v. Buerger

Buerger, as plaintiff, instituted injunction proceedings alleging interference with his irrigation ditch by defendant, F. J. Leonard, or some person under his direction, and for consequent damages. Upon it later appearing that the property traversed by the ditch was owned jointly by Leonard and his wife, she also was made a party defendant. Judgment of the trial court was in plaintiff’s favor.

Plaintiff and defendants are the owners of separate tracts of land located in the upper valley of the Williams Fork of the Colorado River. The lands owned by defendants lie southerly from those of…