LEONARD v. BUERGER

No. 17235.

276 P.2d 986 (1954)

F. J. LEONARD and Vivian C. Leonard, Plaintiffs in Error, v. Alvin BUERGER, Defendant in Error.

Supreme Court of Colorado, en Banc.

November 29, 1954.


Attorney(s) appearing for the Case

John P. Thompson, Denver, for plaintiffs in error.

Barnard & Barnard, Granby, for defendant in error.


CLARK, Justice.

Buerger, as plaintiff, instituted injunction proceedings alleging interference with his irrigation ditch by defendant, F. J. Leonard, or some person under his direction, and for consequent damages. Upon it later appearing that the property traversed by the ditch was owned jointly by Leonard and his wife, she also was made a party defendant. Judgment of the trial court was in plaintiff's favor.

Plaintiff and defendants are the owners of separate...

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