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NEW BRANTNER EXTENSION DITCH CO. v. FERGUSON

No. 17740.

307 P.2d 479 (1957)

The NEW BRANTNER EXTENSION DITCH COMPANY, a corporation, Plaintiff in Error, v. George FERGUSON, David E. Howe, Anne M. Howe, Albert Marty, H. W. Ayers, Lucile E. Wolpert, and William Grover, Defendants in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied March 11, 1957.

Attorney(s) appearing for the Case

Gaunt & Byrne, Brighton, Glenn G. Saunders, Denver, for plaintiff in error.

J. D. Pender, Stewart A. Shafer, Wm. R. Newcomb, Denver, for defendant in error.

DAY, Justice.

Plaintiff in error the New Brantner Extension Ditch Company, a corporation, was defendant in the trial court and will be referred to as defendant or as the Ditch Company. The suit was instituted by seven individual plaintiffs, defendants in error, to recover damages to their respective farm lands as the result of a flood on Memorial Day, 1948, and likewise to enjoin defendant from maintaining its diversion dam which plaintiffs alleged caused the damage...

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