Opinion
No. 14,699.
Decided October 21, 1940.
Action against the state for damages alleged to have been sustained by plaintiff in error as the result of the construction by defendant of a new channel for a natural stream, and diversion of water therethrough. Judgment of dismissal.
Affirmed. On Application For Supersedeas
1. ACTIONS — States — Adjudicated Cases. This case ruled by the decision in State v. Colorado Co., 104 Colo. 436.
Error to the District Court of Pueblo County, Hon. French L. Taylor, Judge.
Messrs. KOPERLIK ALTMAN, for plaintiff in error.
Mr. BYRON G. ROGERS, Attorney General, Mr. HENRY E. LUTZ, Deputy, for the state.
PLAINTIFF in error asserts that this case is governed by State v. Colorado Postal Telegraph-Cable Co., 104 Colo. 436, 91 P.2d 481, and defendant in error agrees. The sole question presented is, shall we overrule the decision? We decline to do so.
Judgment affirmed.
MR. CHIEF JUSTICE HILLIARD and MR. JUSTICE YOUNG not participating.