SHERWOOD IRRIGATION COMPANY v. VANDEWARK

No. 18018.

331 P.2d 810 (1958)

The SHERWOOD IRRIGATION COMPANY, Plaintiff in Error, v. James F. VANDEWARK and Helen K. Vandewark, Defendants in Error.

Supreme Court of Colorado, En Banc.

November 17, 1958.


Attorney(s) appearing for the Case

Ronald H. Strahle, Fort Collins, for plaintiff in error.

Albert P. Fischer, Ward H. Fischer, Fort Collins, for defendants in error.


SUTTON, Justice.

Defendants in error Vandewark, as plaintiffs below, brought this action to enjoin plaintiff in error, defendant below, from interfering with their right to the use and transportation of waste and seepage waters originating in the Laidlaw Drain Ditch which they claim to own. We refer to the parties as they appeared in the trial court.

The facts as gleaned from the record are briefly as follows: In 1908 one Walter Laidlaw was the owner of a...

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