| | 02-8097 -- Delaunay v. Collins -- 03/02/2004 |
 | | The Collins now appeal, arguing that the district court erroneously: (1) failed to give their proposed instruction to the jury; (2) granted injunctive relief; (3) denied their motion for judgment as a matter of law; (4) calculated a remittitur; and (5) awarded attorney's fees. |
 | | Although the Delaunays argue on appeal that the Collins did not properly object to the jury instructions given by the district court, we need not reach this question because we conclude that the district court's instructions, viewed as a whole, were neither prejudicial nor in plain error. |
 | | On appeal, the Collins repeat their syllogism that because the Delaunays lacked an easement for the portion of the irrigation ditch that crossed Floyd's trust land, they had no rights which the Collins could violate, and, therefore, that injunctive relief was improper. |
| www.kscourts.org /ca10/cases/2004/03/02-8097.htm (3270 words) |