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BERGEN DITCH & RESERVOIR CO. v. BARNES

No. 83CA0518.

683 P.2d 365 (1984)

The BERGEN DITCH & RESERVOIR COMPANY, a Colorado corporation, Plaintiff-Appellant, v. Robert C. BARNES, sometimes referred to as Robert Charles Barnes, both individually and as a partner of Robert Charles Barnes & Co., and Shirley Evelyn Barnes & Co., both partnerships, Shirley E. Barnes, sometimes referred to as Shirley Evelyn Barnes, both individually and as partners of Shirley Evelyn Barnes & Co., and Robert Charles Barnes & Co., both partnerships, Robert Charles Barnes & Co., a partnership, Shirley Evelyn Barnes, a partnership, and Paul K. Kruse, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

May 10, 1984.

Attorney(s) appearing for the Case

Grant, McHendrie, Haines & Crouse, P.C., J. Albert Sebald, Denver, for plaintiff-appellant.

No appearance for defendants-appellees.

PIERCE, Judge.

In this action for trespass, the trial court awarded plaintiff, the Bergen Ditch and Reservoir Company (Bergen), compensatory damages, but denied its request for injunctive relief. Bergen appeals that portion of the trial court's judgment which found that defendants, Robert C. Barnes, Robert C. Barnes & Co., Shirley E. Barnes, Shirley Evelyn Barnes & Co., and Paul K. Kruse (Barnes), have a non-exclusive right to use a portion of the surface...

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