Bergen Ditch & Reservoir Co. v. Barnes

PIERCE, Judge.

In this action for trespass, the trial court awarded plaintiff, the Bergen Ditch and Reservoir Company (Bergen), compensatory damages, but denied its request for in-junctive relief. Bergen appeals that portion of the trial court’s judgment which found that defendants, Robert C. Barnes, Robert C. Barnes & Co., Shirley E. Barnes, Shirley Evelyn Barnes & Co., and Paul K. Kruse (Barnes), have a non-exclusive right to use a portion of the surface of a reservoir for boating, water skiing, and other activities. We affirm.

Bergen constructed the Bergen No. 1 Reservoir prior to 1900, and…