Fort v. Brighton Ditch Co.

Brighton Ditch Company sued Fort for damages to its irrigating ditch, caused by the breakage of a dam in defendant’s reservoir, and recovered judgment. Defendant brings error. We shall designate the parties as in the trial court.

Plaintiff owns a ditch taking water from the South Platte river. Todd creek crosses the ditch about seven-tenths of a mile below plaintiff’s headgate. Defendant’s reservoir is on Todd creek, about 1,000 feet above the intersection of the creek with the ditch.

After a period of heavy rains, the dam of the reservoir broke, the water burst out, carrying part of the dam,…