Larimer County Reservoir Co. v. People ex rel. Luthe

This action is upon an information in the nature of a quo warranto. It was brought in the court below for the purpose of procuring a forfeiture of the appellant company’s corporate franchise.

1. The important question presented by the pleadings for determination in this court relates to the right to *615utilize the bed of a non-navigable natural stream upon the public domain as a reservoir, for the purpose of storing and preserving water that would otherwise run to waste. The'theory of relator is that such act is illegal per se, and that whether or not injury results to other persons therefrom, is…