CARRELL v. JONES

No. 21162.

431 P.2d 864 (1967)

Roberta E. CARRELL, Administratrix of the Estate of Lawrence Oren Carrell, Deceased, Plaintiff in Error, v. Don A. JONES, Defendant in Error.

Supreme Court of Colorado, En Banc.

September 25, 1967.


Attorney(s) appearing for the Case

Harry M. Howard, Monte Vista, for plaintiff in error.

George W. Woodard, Alamosa, Frank Shaw, Monte Vista, for defendant in error.


MOORE, Chief Justice.

One Lawrence Carrell, now deceased, brought an action in the trial court seeking an injunction against Don A. Jones to prevent the continued use of culverts placed in an irrigation ditch owned by Carrell, which were installed by Jones to provide ingress and egress to his property bordering the ditch right-of-way. Carrell also sought damages allegedly sustained by him resulting from the installation of the culverts.

Trial was to the court...

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