MENDENHALL v. LAKE MEREDITH RESERVOIR CO.

No. 16913.

257 P.2d 414 (1953)

MENDENHALL v. LAKE MEREDITH RESERVOIR CO. et al.

Supreme Court of Colorado, en Banc.

May 4, 1953.


Attorney(s) appearing for the Case

Cover Mendenhall, Rocky Ford, and Wm. L. Walker, Lincoln, Neb., for plaintiff in error.

McHendrie & Pointer, Pueblo, for defendants in error.


CLARK, Justice.

Mendenhall, as plaintiff in the trial court, commenced this action to enjoin defendants from diverting the waters of Bob Creek and for damages. Compliance with such a demand entails the replacement of a destroyed dam at a point to which plaintiff refers as the head of the intake ditch to Lake Meredith from Bob Creek. Counsel for defendants, however, contend that said dam was for the benefit of plaintiff (and others) in the diversion of water from Bob...

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