Brown v. Farmers' High Line Canal & Reservoir Co.
Supreme Court of Colorado
Error to the District Court of Jefferson County. The plaintiffs in error, twenty-three in number, instituted this action in the district court of Jefferson county to restrain the defendant in error from compelling them to prorate water with its stockholders and others, whose appropriations were subsequent to theirs.
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Error to the District Court of Jefferson County. The plaintiffs in error, twenty-three in number, instituted this action in the district court of Jefferson county to restrain the defendant in error from compelling them to prorate water with its stockholders and others, whose appropriations were subsequent to theirs. The cause of action set forth in their complaint is, in substance, as follows: That in 1859 there was constructed a ditch, known as the “ Golden Canal,” which was supplied with water from Clear creek at a point in section 2, township 2, south range 70 west, in the county of…
1Opinion of the CourtJustice Goddard
While the complaint is inartificially drawn, we do not think it is obnoxious to the first ground of demurrer. Its averments sufficiently disclose the following state of facts:
That the plaintiffs are the owners in severalty of certain tracts of land under defendant’s ditch; that they diverted definite amounts of water from the natural stream through defendant’s ditch, at certain times from 1872 to 1885, and applied the same to the irrigation of their lands; that ever since such appropriations, they have continued the use of the water and the payment of the compensation required each and every…
2Cases cited8 opinions
- Farmers Independent Ditch Co. v. Agricultural Ditch Co.Supreme Court of Colorado · 1896
- Cadigan v. BrownMassachusetts Supreme Judicial Court · 1876
- Nichols v. McIntoshSupreme Court of Colorado · 1893
- Murray v. HayNew York Court of Chancery · 1845
- Charnock v. HiguerraCalifornia Supreme Court · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- McLean v. Farmers' High Line Canal & Reservoir Co.Supreme Court of Colorado · 1908
- Faden v. HubbellSupreme Court of Colorado · 1933
- Glavin v. Salmon River Canal Co., Ltd.Idaho Supreme Court · 1924
- Williams v. NeddoIdaho Supreme Court · 1945
- O'Neil v. Fort Lyon Canal Co.Supreme Court of Colorado · 1907
5 more not listed; retrieve them via the Exa API.