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ADAMS v. WEINGARTEN

No. 20390.

399 P.2d 774 (1965)

Elta ADAMS, Plaintiff in Error, v. Walter WEINGARTEN and Marie Weingarten, Defendants in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied March 22, 1965.

Attorney(s) appearing for the Case

Thomas C. Singer, Denver, for plaintiff in error.

Wood, Ris & Hames, Wormwood, O'Dell & Wolvington, Denver, for defendants in error.

McWILLIAMS, Justice.

Elta Adams brought an action against Walter and Marie Weingarten, alleging that she and the Weingartens owned adjoining acreage in Adams County and that the Weingartens were so using their property as to damage her property. More specifically, Adams alleged that the Weingartens constructed a reservoir just north and east of her land and that thereafter water from this reservoir "seeped and overflowed upon plaintiff's land," all with resultant...

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