KNAUSS, Chief Justice.
This case is captioned as it was in the trial court where plaintiff in error was plaintiff and defendants in error were defendants, in an action to recover damages under C.R.S. '53, 147-5-4 and 147-5-13. The complaint alleged that plaintiff was damaged as a result of water overflowing an earthern embankment of a reservoir situate on lands owned by one or more of the defendants. Following certain motions filed by defendants, all of which were...
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