Rose v. Agricultural Ditch & Reservoir Co.
Supreme Court of Colorado
Action for damages to land occasioned by seepage from a reservoir. Action held .barred by statute of limitations. Error to the District Court of the City and County of Denver, Hon. Charles C. Butler, Judge.
1Opinion of the CourtJustice Teller
This cause is before us on error to a judgment in favor of the defendant, in an action in which the plaintiff in error sought to recover damages for injury to his land from seepage from The Agricultural Ditch, and from Reservoirs Nos. 2 and 3, belonging to said defendant. While the complaint alleged seepage from both ditch and reservoirs, the claim for damages from seepage from the ditch was abandoned at the trial.
The court found that seepage from Reservoir No. 3 had contributed to the injury of plaintiff’s land ever since the reservoir was constructed; that before the construction ‘of the…
2Cited by7 opinions
- Hankins v. BorlandSupreme Court of Colorado · 1967
- Zimmerman v. HinderliderSupreme Court of Colorado · 1939
- Kohler v. Germain Investment Co.Colorado Court of Appeals · 1996
- Kolberg v. Hidalgo County Water Improvement Dist. No. 2Court of Appeals of Texas · 1937
- Paloian v. LaSalle Bank National Ass'n (In re Doctors Hospital of Hyde Park, Inc.)United States Bankruptcy Court, N.D. Illinois · 2011
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