Lewis v. Lorenz
| Decision Date | 22 August 1960 |
| Docket Number | No. 18892,18892 |
| Citation | 144 Colo. 23,354 P.2d 1008 |
| Parties | G. W. LEWIS, Plaintiff in Error, v. J. O. LORENZ, Defendant in Error. |
| Court | Colorado Supreme Court |
Herbert E. Mann, Greeley, for plaintiff in error.
Houtchens & Houtchens, John J. Dooley, Greeley, for defendant in error.
In the trial court plaintiff in error was the defendant and defendant in error was the plaintiff. They will be referred to by name, or as they appeared below.
The parties own farms in the vicinity of Gilcrest, in Weld County. Irrigation and seepage water flows north from the English Ditch. Lewis' farm lies immediately north of and under the English Ditch and on the east side of a north-south county road. Lorenz' farm is lower in elevation than the Lewis farm, lies to the north thereof and on the west side of said county road.
The case arises out of the construction, in 1952, and use thereafter by Lorenz, of a tile conduit in the borrow pit of the right of way of the county road along the west side of the Lewis farm, said conduit being for the purpose of conveying irrigation water from the English Ditch to Lorenz' famr. The Board of County Commissioners of Weld County had granted Lorenz permission to install said conduit.
Lorenz in his complaint alleges that Lewis had intentionally, wrongfully, and maliciously interfered with his conduit and use of the borrow pit for the purposes as above stated, and had broken and damaged the conduit, causing irreparable damage.
Lorenz sought a restraining order enjoining Lewis from interfering with the use of said tile conduit, also demanded damages in the sum of $2,000, and exemplary damages in the same amount.
Lewis answered, denied generally the allegations of the complaint, alleged equal rights with plaintiff to the use of the borrow pit, and set forth a counterclaim predicated on prior and superior rights to use the borrow pit, said superior rights being those of an owner of land abutting on the roadway. He demanded damages and an injunction preventing Lorenz from using the borrow pit for his tile conduit.
After an extensive trial of the issues, the court entered findings for the plaintiff and against the defendant, both on the complaint and the counterclaim, and entered final findings and decree on April 14, 1958, awarded plaintiff damages of $500, and enjoined defendant:
'from diverting and running water in an open ditch in said borrow pit and * * * in any manner interfering with or causing damage to the plaintiff's tile line * * *.'
In wilful violation of the decree, Lewis damaged the conduit by dragging a hundred pound ditcher over it, hauled heavy loads of gravel across the line at points other than established crossings, and ran water directly along the tile line, thereby washing away the covering therefrom. The court had required Lewis to select and mark off crossings over the conduit, which he did not do.
Because of these violations of the injunctive orders, citation for contempt was issued, hearing had thereon, whereupon the court found Lewis guilty of contempt, and he was required to pay a reasonable attorney's fee for plaintiff's counsel, plus costs, 'by way of civil relief under the contempt, rather than punitively.' Lewis is here by writ of error, seeking reversal of the judgment and decree and the order finding him guilty of contempt.
The north-south road abutting the Lewis farm is a public county highway, under the jurisdiction...
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Royal Intern. Optical Co. v. Texas State Optical Co.
...355 Mass. 738, 247 N.E.2d 555 (1969); Novo Industrial Corp. v. Nissen, 30 Wis.2d 123, 140 N.W.2d 280 (1966); Lewis v. Lorenz, 144 Colo. 23, 354 P.2d 1008 (1960). See, Costilla Co. v. Allen, 15 N.M. 528, 110 P. 847 Plaintiff was entitled to an award of $2,500.00 as an attorney fee for succes......
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In re Marriage of Cyr and Kay
...that the dignity of the court had been impugned, but referring to proceeding as one for "civil contempt"); Lewis v. Lorenz, 144 Colo. 23, 27, 354 P.2d 1008, 1011 (1960) (upholding trial court's finding of willful violation in civil contempt proceeding); In re Marriage of Schneider, 831 P.2d......
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