TOWN OF GENOA v. WESTFALL

No. 18557.

349 P.2d 370 (1960)

TOWN OF GENOA, a Municipal Corporation, Plaintiff in Error, v. Gilbert O. WESTFALL, Defendant in Error.

Supreme Court of Colorado. In Department.

Rehearing Denied February 29, 1960.


Attorney(s) appearing for the Case

Thomas & Thomas, Burlington, for plaintiff in error.

Chutkow & Atler, Denver, for defendant in error.


MOORE, Justice.

Defendant in error was plaintiff in the trial court and we will refer to him as plaintiff or Westfall. Plaintiff in error was defendant in the lower court and will be referred to as the town or Genoa.

Westfall brought the action to enjoin the town from intercepting and diverting water forming the supply source of certain springs on his lands and to recover damages allegedly sustained by him because...

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