Hoehne Ditch Co. v. John Flood Ditch Co.

The plaintiff in error, plaintiff below, for many years prior to the institution of this suit, owned and operated the Hoehne ditch, irrigating lands thereunder, and diverting water from the Purgatoire, or Las Animas, River, in Las Animas County, having its headgate a few miles below the town of El Moro. In the year 1909, the. headgate of plaintiff’s ditch was destroyed by flood, whereupon the plaintiff entered into a contract with the Model Land and *532Irrigation Company, which owned and operated a ditch diverting water from the same stream at a point above plaintiff’s headgate, wherein the…