Petrofesa v. Denver & Rio Grande Western R.

McDonough, justice.

The jury awarded plaintiffs damages for loss of crops during 1943 resulting from alleged blocking of an irrigation ditch on the railroad right-of-way, and defendants appeal.

There was testimony from plaintiff and others that for over 25 years the land purchased by plaintiffs in April 1943 had been irrigated by water from the Boardman Springs, which was conducted to this land through ditches extending from said springs to the railroad right-of-way, and along the easterly side of said right-of-way for some distance, and then going westerly underneath the tracks to the land of…