Cache La Poudre Reservoir Co. v. Water Supply & Storage Co.

The appellant here was plaintiff, and the appellees were defendants, below. For the sake of brevity and convenience, in the opinion, the appellant is designated as the plaintiff, and the defendant Water Supply and Storage Company as the “ water company,” and the Colorado' Milling and Elevator Company as the “milling company.” The ultimate and substantial facts alleged in the voluminous complaint are in the main fairly summarized by defendants’ counsel in their brief as follows:

In 1868 the defendant milling company constructed a ditch diverting from the Cache la Poudre river sixty cubic feet…