Legal Opinion

Consolidated Home Supply Ditch & Reservoir Co. v. Hamlin

Colorado Court of Appeals

Decided April 15, 1895PublishedCited by 1 opinion

Appeal from the District Court of Larimer County. In 1882 appellant excavated a ditch, known as the Home Supply Ditch, over the land of appellee.

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Appeal from the District Court of Larimer County. In 1882 appellant excavated a ditch, known as the Home Supply Ditch, over the land of appellee. In 1888 and 1884 it excavated the Lake ditch below and nearly parallel to the former across the same land; both ditches were on the sidehill and in both at certain points the material through which the ditches were excavated was shale or loose porous rock, at which points the ditches were carried around “draws,” or natural drainage depressions that led down upon, and over the lower and better portion of appellee’s farm. Of percolation and damage…

1Opinion of the Court

Reed, J.,

delivered thfe opinion of the court.

A large number of errors are assigned, many going to the admission and refusal of evidence in establishing the extent of the damage sustained, others going to the instructions of the court. The case has been ably and exhaustively argued by counsel. The court limited the evidence to the period of six years before action brought. The plaintiff testified that in 1884 seepage destroyed about one acre, in 1885 about three or four acres.

The first contention of counsel for appellant is, the fact having been established of the injuries having commenced…

2Cases cited14 opinions

  1. Powers v. City of Council BluffsSupreme Court of Iowa · 1877
  2. Denver City Irrigation & Water Co. v. MiddaughSupreme Court of Colorado · 1889
  3. Stodghill v. C., B. & Q. R.Supreme Court of Iowa · 1880
  4. Van Pelt v. City of DavenportSupreme Court of Iowa · 1875
  5. Chicago & Eastern Illinois Railroad v. McAuleyIllinois Supreme Court · 1887

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3Cited by1 opinion

  1. Keller v. MillerSupreme Court of Colorado · 1917

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