Burnham v. Freeman
Supreme Court of Colorado
Appeal from District Court of Larimer County. Susan Freeman, the appellee, was plaintiff, and George O. Burnham and Horace and Charles Emerson, appellants, were defendants, in the court below. The plaintiff, claiming a third interest in an irrigating ditch formerly known as the “Gilchrist, Baker and Emerson ditch,” and that defendants had disturbed her use thereof, brought this action to restrain future disturbance by them, and to recover damages for past injuries.
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Appeal from District Court of Larimer County. Susan Freeman, the appellee, was plaintiff, and George O. Burnham and Horace and Charles Emerson, appellants, were defendants, in the court below. The plaintiff, claiming a third interest in an irrigating ditch formerly known as the “Gilchrist, Baker and Emerson ditch,” and that defendants had disturbed her use thereof, brought this action to restrain future disturbance by them, and to recover damages for past injuries. This ditch received its water from Lone Pine creek, in Larimer county, and was constructed in 1872 by the two Emersons, who are…
1Opinion of the Court
De France, C.
The plaintiff in her complaint alleges an ownership in herself of an undivided one-third interest in the irrigating ditch in question. The decree of the court does not designate specifically what interest the plaintiff owns in said ditch, but the inference therefrom is that she is the owner of a one-third interest. She is .awarded by the decree a proportionate share of the water of said ditch for the irrigation of her land and crops. In this respect the decree is erroneous, as it ignores the principle of priority of appropriation. Water was used upon Burnham’s land, and likewise…
Also in this document: Per curiam.
2Cases cited1 opinion
- Smith v. O'haraCalifornia Supreme Court · 1872
3Cited by9 opinions
- Union Mill & Mining Co. v. DangbergU.S. Circuit Court for the District of Nevada · 1897
- Tynon v. DespainSupreme Court of Colorado · 1896
- Oppenlander v. Left Hand Ditch Co.Supreme Court of Colorado · 1892
- Sand Creek Lateral Irrigation Co. v. DavisSupreme Court of Colorado · 1892
- Daum v. ConleySupreme Court of Colorado · 1899
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