Warner v. Town of Gunnison

The town of Gunnison instituted a proceeding under the eminent domain act to obtain a right of way through the property of the plaintiffs in error for the construction of a ditch for the carriage of water for the uses of the town. The petition was filed in the county court. Some of the defendants answered. The company took issue on the petition. It also set up two affirmative defenses. One was based on the allegations that the town had failed to demand the right to construct the ditch and offer to agree upon a compensation, that there was another irrigating ditch run*432ning across and through…