Denver City Irrigation & Water Co. v. Middaugh
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. It appears from the undisputed statements of the pleadings that the defendant, being appellant here, in the years 1878 and 1879 constructed a canal extending from the Platte river to its water-works, and in February, 1S79,. it commenced proceedings in the county court of Arapahoe county to condemn a right of way through, across and over certain lands of the plaintiff for the construction of'certain canals, lakes and reservoirs,…
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Appeal from District Court of Arapahoe County. It appears from the undisputed statements of the pleadings that the defendant, being appellant here, in the years 1878 and 1879 constructed a canal extending from the Platte river to its water-works, and in February, 1S79,. it commenced proceedings in the county court of Arapahoe county to condemn a right of way through, across and over certain lands of the plaintiff for the construction of'certain canals, lakes and reservoirs, which lands were a part of the lands of the plaintiff described in the complaint, and for the alleged injury to which…
1DissentElliott, J.
{dissenting). Having presided at the trial of this case in the district court, it has been with great reluctance that I have consented to participate in the review of it in this court. But the circumstances attending the case in this court have been peculiar. The honorable commissioners first considered the case and reported a unanimous opinion affirming the judgment, though upon grounds somewhat different from those announced in this opinion. Upon my accession to the bénch, finding the judges divided in opinion in respect to the case, I waited for my Brother Hayt to qualify, hoping he and…
2Cases cited9 opinions
- Patterson v. HitchcockSupreme Court of Colorado · 1877
- Hill v. PeopleSupreme Court of Colorado · 1872
- Hawley v. HarrallSupreme Court of Connecticut · 1848
- Wixom v. StephensMichigan Supreme Court · 1869
- Denver, Western & Pacific R'y Co. v. ChurchSupreme Court of Colorado · 1883
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