Grand Valley Irrigation Co. v. Pitzer

The defendant company is the owner of an irrigation canal about fifteen miles or more in length, in Grand valley, Mesa county. The water for the canal is taken from Grand river, and is used for the irrigation of farming lands in its vicinity belonging to its stockholders. The plaintiff Pitzer is the owner of a small tract of cultivated land on the line of and under the canal. On September 23, 1896, it is alleged the canal overflowed and deposited a large amount of débris on the land of plaintiff, 'destroying fruit trees and doing other *124damage. He claimed that the damage occurred through the…