Colorado National Bank v. Irvine

In 1934 L. F. Liebhardt constructed a reservoir upon land owned by him, adjacent to which was property belonging to defendants in error Irvine. In 1935, alleging that their lands had been injured permanently by seepage from the reservoir which was said to have been negligently constructed and maintained, the Irvines, hereinafter designated by name or as plaintiffs, brought an action, against Liebhardt to recover damages in the sum of $12,000 therefor. Liebhardt answered denying liability as alleged and as a further defense asserted that Horace G. Day, one of the defendants in error, was the…