Wright v. Platte Valley Irrigation Co.
Supreme Court of Colorado
Appeal from the District Court of Weld County. The appellee is a duly organized ditch corporation, and has the management and control of a certain irrigating ditch known as the Platte Valley ditch, taken from the Platte river, in Weld county. It has sold to sundry owners of land lying under its ditch, including appellant, a large number of rights for the carriage of water, to be used upon their lands for agricultural purposes.
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Appeal from the District Court of Weld County. The appellee is a duly organized ditch corporation, and has the management and control of a certain irrigating ditch known as the Platte Valley ditch, taken from the Platte river, in Weld county. It has sold to sundry owners of land lying under its ditch, including appellant, a large number of rights for the carriage of water, to be used upon their lands for agricultural purposes. By the contracts entered into between it and its consumers, the water is to be applied upon the lands therein specified. On the 11th day of April, 1888, it sold to…
1Opinion of the CourtJustice Goddard
1. The first error discussed by counsel for appellant is predicated upon the action of the court below in sustaining the demurrer to the first defense. Their contention is that this defense traversed a number of material allegations of the complaint, and put in issue the fact as to whether there had been a violation of the contract as alleged; and that therefore *328no decree could go in .favor of appellee without proof on its part of the existence of this controverted fact. By reference to that portion of the answer which is relied on as constituting such traverse, as above set out, it will be…
2Cases cited1 opinion
- Wheeler v. Northern Colorado Irrigation Co.Supreme Court of Colorado · 1887
3Cited by11 opinions
- City of Thornton v. Bijou Irrigation Co.Supreme Court of Colorado · 1996
- East Ridge of Fort Collins, LLC v. Larimer & Weld Irrigation Co.Supreme Court of Colorado · 2005
- Fort Lyon Canal Co. v. Catlin Canal Co.Supreme Court of Colorado · 1982
- City of Denver v. BrownSupreme Court of Colorado · 1913
- State v. Laramie Rivers Co.Wyoming Supreme Court · 1943
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