Denver & Rio Grande Railroad v. Heckman

The appellee, who. was plaintiff below, brought this action for damages, claimed to have been- sustained by him on account of changes made by defendant in a ditch , owned by the plaintiff. The defendant reconstructed a portion of its railroad in Chaffee county, and, in doing so, the plaintiff alleged that the defendant crossed the ditch at three different points, and changed the location, grade and *471course of the ditch in various places. The plaintiff further alleged, that these changes retarded the flow of, and diminished the water in, the ditch, caused it to fill with gravel and sediment…