Semi-weekly herald. [volume] (Durango, Colo.) 1907-1917, 1910-02-14
IMPORTANT DECISIONS
BY SUPREME COURT

n'luy OF tnem DeinS or more than or
| dilary Importance. Perhaps the one
| that Will attract the greatest atten.
| lion was rendered in the case of the
Garnet Ditch and Reservoir G. mpany
| against G. c. Sampson of Delta coun-
| ~ in which the court holds that Il
iegervoir company is liable for all
| damages accruing by the bursting of
a eseivoir. In the opinion the court
uses the word absolutely in connection
with the liability of the reservoir,
making the company absolutely re.
81 onsiblc for all damages. The opin-
ion IL pc haps the most important that
| 1as been delivered in connection with
the upbu.lding of irrigation in Colo
RADIO, and 1t will have the effect of f.
ma lcially embarrassing several large
res ervoir companies whose reservoirs
have burst during the last few years
and through which damages have ac,
crued
| About a. year ago reservoir burst
in San Miguel county and damaged
4 lh' dhut diOHt over
| 100000. While this suit does not
arise from that incident, still Mondays
opinion settles the liability of that
reservoir company SO far as the law
is concerned The opinion is rendered
on the general common law doctrine
of responsibility and in the same man
ner that q railroad company IL held
responsible for fires caused from
spa rks from engines, so is the reser.
voir company held responsible for de
struction Of property caused from the
bur3ting OF the reservoir. The opinion
ends as follows:
"rhe sto;age Of water is n source of
nroiitahle Investment of c,nitai Tho
lowers r,n,.w bowevar that wator
from, its nuture /. ,,.ssip. u.aras
in all diret lions ana continually striv.
inc 10 hire At, ,broueb anv srri6ci,,
barrier hv s,hicb i, NAV h, ,e.stroined
They know that fine breaking of tbe
barr,e, may result in yreoi go oea IN
many irno,,nt narsops that doath and
ldestrpctio, NAV follow tho escone n,
the stored yater and ,be 1agisI,ture
has said 10 these owners, If YOU col
llect so dangerous an agency on your
own land. YOU must keen it confined.
If 1t escapes. it is at your own peril "
A second opinion by the court, holds
1.-THE Denver Post blameless of the death
of the firemen who lost their lives in
a fire in tie Post room some years
ago A fire started in the engine rooms
of the Post. A fireman died as n re.
suit of the fumes he inhaled while
puttiug oIt the fire. Dama,.e suit was
brought IN the grounds thai the Post
had not exercised proper care in stor-
ing the acids which produced the
fumes. The court holds the Post to be
blameless and holds that fireman
while on euty cannot expect to be re.
imbursed by property owners for acct.
dents that may accrue. However, the
court dds that the city should make
sufficieni provisions for those depend.
ent on the fireman should the latter
lose his life in the discharge of his
duty.
The medical fraternity mr. ot ,eas,
tho surqicaI denartmept oy tbe sroter
nitv Loaf a case Wherein the court
holds that doctor 10 uahle for dam
ages sbou,d he fat, IN nr,ner,v dia,.
nose n case and give If the wrong
treatment Some vears ayo Ntrs
Foot fell on the sidewalk of Denver
mr. w n popnett was oa1lad and
orounced her ,niuries a bruisa Some
montbs .fte,vard n uos d;cooverad
that one of the bones of her thigh was
brolen. She brought suit and secured
81, 500 damages from the doctor on the
grounds that If he couldn't tell what
was the matter, he should have turned
the case over to another physician.
DR.. Bennett appealed and Monday the
court supports the former decision and
orders the amount paid. In closing
the court SAYS: in the absence of a
special contract the law implies that
surgeon employed to treat an injury
R.. mt la Howl tl,at