Platte & Denver Ditch Co. v. Anderson

This was. a suit by the appellee, Anderson, against the company and its lessees for damages to his pi’emises caused by the maintenance and operation of the ditch, and to have the said ditch abated as a public nuisance. There was a jury verdict of $500 damages for appellee, upon which judgment was rendered accordingly, and as our decision rests partly upon the failure of the evidence to, make out a case under the averments of the complaint, a statement of the substance of the complaint and evidence is permitted to a clear understanding of the case.

Appellee, as plaintiff below, averred:

1st.…