Denver & Rio Grande Western Railroad v. Forster
Colorado Court of Appeals
1Opinion of the Court
JONES, Judge.
Plaintiff, Denver and Rio Grande Western Railroad Co., (Railroad), appeals from judgments entered on jury verdicts in favor of defendants Frank Forster, Ruby Forster, and Marty Forster (Forsters). We affirm in part and reverse in part, and remand to the trial court.
In 1984, the Forsters purchased a farm which is located near, and is higher in elevation than, the Railroad’s Yarmony Tunnel. In operating the farm, they utilized ditches on the property to water the 69 acres by means of flood irrigation, as had previous owners.
In August 1985, representatives of the Railroad advised…
2Cases cited13 opinions
- Rugg v. McCartySupreme Court of Colorado · 1970
- People v. RussoSupreme Court of Colorado · 1986
- Meiter v. CavanaughColorado Court of Appeals · 1978
- Nettrour v. JC Penney CompanySupreme Court of Colorado · 1961
- Blades v. DaFoeSupreme Court of Colorado · 1985
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3Cited by4 opinions
- Cook v. Rockwell International Corp.District Court, D. Colorado · 1998
- Robyn v. Phillips Petroleum Co.District Court, D. Colorado · 1991
- Wilson v. O'ReillyColorado Court of Appeals · 1993
- Rodgers v. Board of County CommissionersColorado Court of Appeals · 2013