New Mercer Ditch Co. v. New Cache la Poudre Irrigating Ditch Co.
Supreme Court of Colorado
Action involving abandonment of water right. Judgment for plaintiff. Error to the District Court of Larimer County, Hon. Robert G. Strong, Judge.
1Opinion of the CourtJustice Denison
The defendant in error brought suit to enjoin plaintiffs in error from using more than 10 second feet of the adjudicated priority of the Josh Ames ditch, 35.91 second feet. Plaintiff alleged abandonment of the remainder, 25.91 second feet. The court enjoined the use of 10.91 of said 35.91 second feet, leaving to defendants the use of but 25. The defendants bring error.
The following points are argued: 1. That the evidence of abandonment was insufficient-; 2. That incompetent and irrelevant evidence was admitted; 3. That the question of abandonment is res adjudicata; 4. That the relief is…
2Cases cited6 opinions
- New Mercer Ditch Co. v. ArmstrongSupreme Court of Colorado · 1895
- Warren v. AdamsSupreme Court of Colorado · 1894
- Consolidated Home Supply Ditch & Reservoir Co. v. Town of EvansSupreme Court of Colorado · 1915
- Central Trust Co. v. CulverSupreme Court of Colorado · 1914
- Central Trust Co. v. CulverColorado Court of Appeals · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- City of Colorado Springs v. YustSupreme Court of Colorado · 1952
- Luxen v. Town of RifleSupreme Court of Colorado · 1937