Halford Ditch Co. v. Independent Ditch Co.

Citations

• 22 N.M. 169
• 159 P. 860

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. In trials before the court the erroneous admission of testimony will afford no ground for reversal unless it appears that the court considered such testimony in deciding the case. P. 173</p> <p>2. Where two or more community ditches tahe water from a common ditch or head, and the lower ditch has enlarged the upper one either by reason of a contract with the upper ditch or by reason of the common consent and acquiescence of the water right owners in said upper ditch, the lower ditch becomes a tenant in common with the upper ditch in the common structure, and as such is entitled to the joint management and control of the same in so far as the joint maintenance of the ditch is concerned.</p> <p>P. 174</p>