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HIMONAS v. DENVER & R. G. W. R. CO.

No. 3929.

179 F.2d 171 (1949)

HIMONAS v. DENVER & R. G. W. R. CO.

United States Court of Appeals Tenth Circuit.

December 23, 1949.

Attorney(s) appearing for the Case

Edward Sheya, Price, Utah, and Dwight L. King, Salt Lake City, Utah (B. L. Dart, Price, Utah, Calvin W. Rawlings, Harold E. Wallace, Parnell Black, and Brigham E. Roberts, Salt Lake City, Utah, on the brief), for appellant.

Grant H. Bagley, Salt Lake City, Utah (W. Q. Van Cott, S. N. Cornwall, and D. McCarthy, Salt Lake City, Utah, on the brief), for appellee.

Before PHILLIPS, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.

PHILLIPS, Chief Judge.

Himonas has appealed from an adverse judgment in an action1 brought by him against the Denver & Rio Grande Western Railroad Company.2 The question presented is whether a right of way for an irrigation ditch and flume can be acquired by prescription across a right of way of a railroad, acquired under the Act of March 3, 1875, 18 Stat. 482, 43 U.S.C.A. § 934.

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