Tynon v. Despain
Supreme Court of Colorado
Appeal from the District Court of Jefferson County. To this action, as originally instituted, there was but one party plaintiff, who sued in his own behalf and for the benefit of all others interested with him. Before the issues were made up, however, those jointly interested were made, by order of the court, parties plaintiff.
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Appeal from the District Court of Jefferson County. To this action, as originally instituted, there was but one party plaintiff, who sued in his own behalf and for the benefit of all others interested with him. Before the issues were made up, however, those jointly interested were made, by order of the court, parties plaintiff. The averments of the complaint, as the action ivas thus tried, are to the effect that, the plaintiffs were the joint owners and in possession of the Despain irrigating ditch, situate in the county of Jefferson, which was constructed in the year 1874, and since that…
1Opinion of the CourtJustice Campbell
The numerous errors assigned may be discussed under two general heads:
1. Many of the assignments pertain to rulings of the court excluding the offer of the defendant to prove the capacity of the ditch at the time of the alleged trespasses, and the lack of uniformity in its grade. This offer was predicated upon the motion that, if originally permission from the owners of the servient estates to build a ditch was obtained, this gave to its builders the right to maintain and operate a ditch only of the size originally constructed, and of a uniform and reasonable grade ; but that if, thereafter,…
2Cases cited12 opinions
- Broder v. Water Co.Supreme Court of the United States · 1879
- Jennison v. KirkSupreme Court of the United States · 1879
- Yunker v. NicholsSupreme Court of Colorado · 1872
- Schilling v. RomingerSupreme Court of Colorado · 1878
- Hunt v. HaytSupreme Court of Colorado · 1887
7 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Nielson v. SandbergUtah Supreme Court · 1943
- Graybill v. CorlettSupreme Court of Colorado · 1915
- Gyra v. WindlerSupreme Court of Colorado · 1907
- Arthur Irrigation Co. v. StrayerSupreme Court of Colorado · 1911
- McLure v. KoenSupreme Court of Colorado · 1898
25 more not listed; retrieve them via the Exa API.