Colorado Reports Volume 47

Colorado Reports Volume 47

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ...plaintiff are situated. "It is shown by the evidence in this case that the trespass complained of was committed, and the defendant attempts to avoid responsibility for such trespass by showing that The Alta Mines Company has some interest in the premises upon which the reservoirs of the plaintiff are situated and some interest in the water right claimed by the plaintiff, and further, that the water appropriated and claimed by the plaintiff and his grantors is far in excess of the requirements of plaintiff and his grantors for mining and milling purposes; and also that he is but one of the officers of the said The Alta Mines Company and transmitted the orders of said company to the employees." The court seemed to regard the evidence asnot in serious conflict, and found all the issues of fact in plaintiff 's favor. The findings are specific that the legal title to the reservoirs and water rights described in the complaint is vested in plaintiff, that they were acquired as the.result of a lawful appropriation of his grantors and are prior and superior to any alleged right which defendant claimed in his answer and testimony was vested in his company; that defendant entirely failed to establish in his company any adverse rights to such, or any other, reservoirs or water rights. As stated by the trial court, defendant makes no claim whatever to any interest in plaintiff's alleged reservoirs or water rights. The defense, which he sought, but failed, to prove, is that The Alta Mines Company, of which he was the resident manager, was their owner, or had superior rights therein. He must stand or fall, therefore, with his employer. He also seeks to justify because he personally did not cut the embankments or lay the pipes, more

Product details

  • Paperback | 208 pages
  • 189 x 246 x 11mm | 381g
  • United States
  • English
  • black & white illustrations
  • 1236967585
  • 9781236967589