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AUCHMUTY v. CHICAGO, BURLINGTON & QUINCY R. CO.

No. 2911

349 P.2d 193 (1960)

Forrest L. AUCHMUTY and Laura Mae Auchmuty, Appellants (Defendants below), v. CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY, an Illinois Corporation, and the City of Sheridan, a Municipal Corporation, Appellees (Plaintiffs below).

Supreme Court of Wyoming.

February 2, 1960.

Attorney(s) appearing for the Case

Philip S. Garbutt and R.G. Diefenderfer, Sheridan, for appellants.

Robert E. Holstedt and Bruce P. Badley, Sheridan, for appellees.

Before BLUME, C.J., and PARKER and HARNSBERGER, JJ.

Mr. Chief Justice BLUME delivered the opinion of the court.

This action was brought by the Chicago, Burlington & Quincy Railroad Company, a common carrier, and the City of Sheridan against Forrest L. Auchmuty and Laura Mae Auchmuty to remove a dam over and across a certain ditch running in and outside of the City of Sheridan.

It is alleged in what is called the first claim in the petition that the railroad company owns certain lands adjacent to the dam...

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