Burgett v. Calentine

LUJAN, Chief Justice.

This is an action for damages in tort and for an injunction to restrain the defendant from interfering with the plaintiffs’ use and enjoyment of an easement. The case was tried to the court without a jury and it found in favor of the plaintiffs. From the judgment which followed, the defendant prosecutes this appeal. The parties will be referred to as they appeared in the lower court.

In 1884, James Hunter, the predecessor in title of the plaintiffs, settled oh public land adjoining the quarter section on which certain springs are located. While the land was still a part of…