KARL F. HEHL ENGINEERING CO. v. HUBBELL

No. 17557.

285 P.2d 593 (1955)

KARL F. HEHL ENGINEERING CO., Inc., a Colorado corporation, Plaintiff in Error, v. Harold HUBBELL, Defendant in Error.

Supreme Court of Colorado. En Banc.

July 5, 1955.


Attorney(s) appearing for the Case

Akolt, Campbell, Turnquist & Shepherd, Robert A. Dick, John P. Akolt, Jr., Denver, for plaintiff in error.

John E. Fitzpatrick, George F. Barbary, Denver, for defendant in error.


HOLLAND, Justice.

Defendant in error will herein be referred to as plaintiff, and plaintiff in error as defendant.

Plaintiff is the owner of a tract of land in Adams county, and defendant is the lessee of adjoining land. There was a living, flowing spring of water, on plaintiff's land, some little distance from defendant's property. For approximately thirty years, plaintiff's family and predecessors had utilized the flow of water therefrom for fish hatchery...

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