Show IMPORTANT DECISION in case of nielsen vs rocky ford canal co damages are awarded to charlie nielsen and sam jergensen for land being flooded at the I 1 list bitting of court here in richfield fiel ld judge chidester Chlde ster on the bench the cise of nielson vs the rocky ford canal company i was as decided is as far as ag the district court is concerted boneer conce ried led tl e c decision gives to the plaintiff the damages that he asked for in his it will be remembered that this is 13 the case about which so much has been said in regard to the rocky ford can il 11 company having a right to assemble the flood waters and turn then thern on to plaintiffs land of course the decision in this case is far reaching providing that it is sustained by the supreme court as undoubtedly the defendants fend ants in this case will appeal the question involved in this suit was fought lout very determinedly on both sides on what W wig WAs As called the common enemy doctrine that is that where flood waters were liable hable to run and did run on the defendants land they claimed the right to assemble the water and turn it from their own land on to other peoples land in this case however the court disagreed with the defendants not however denying or setting at naught the doctrine of what is called the common c nemy doctrine in poper p oper cases but the coart holds that this is not a proper case to appl the doctrine and further that the defendants baylog chini chant ell ed the alv of the water isa t L tIt lial uia lila rl nl d luls L id f channel fol foi it to flow from the man main mih mi aa h into the se sewer ier river then constructed truc ted a flume acro acroca the channel and as the ourt court i holds so obstructed the tree iree alow of the water tbt tb th t it caused the vater to how flow upon the lands of the plaintiff greatly great to his damage the amount of damage dannage however was not contested contest td Ld so that in as the plaintiff was entitled to recover he ha was aNay awarded ded all the damages damage that were claimed in his complaint this case in really many re respects deats is b similar to other cases that will come on fur trial later and the real outcome of this thib class of cases of course will be watched very carefully by mana man of the people and it will finally determine whether irrigation companies can handle floud flood waters in such a way or whether they will be required to provide outlets for the water in such cases as the one that has lust been decided |