Kane v. Porter

The plaintiff in error was plaintiff below and was defeated in an action to obtain an injunction to restrain defendants from interfering with his ditch across their land over which he claimed a right of way. He brings error.

If he had a right of way injunction is the proper remedy. Koch v. Story, 47 Colo. 335, 344, 107 Pac. 1093.

Defendants claim plaintiff has no equity because his injury is not irreparable, and that the injury is not irreparable because he might build a ditch the other side of the fence on his own land. We know of no rule that one may not have a right of way over his…