Nissen v. Coult

JAMISON, J.,

pro

tem.

This is an action for damages brought by appellant against respondents Coult, Steel, and Eichler, directors of the Cordua Irrigation District, for their alleged negligence and misconduct and wilful violation of their duties as such directors, in failing, refusing, and neglecting to supply appellant with the water necessary to irrigate and mature his rice crop growing on land situated in said district. The National Surety Company being joined as party defendant because of the fact that it had executed bonds on behalf of said directors for the faithful performance of their duties.

The case was tried by the court sitting without a jury, and judgment was rendered in favor of respondents. The facts substantially are as follows: In the forepart of 1925, W. F. Cordes being then the owner of 632 acres of land situated in said irrigation district, entered into an agreement with F. W. Johnson for the sale of said land to him, and under said agreement Johnson took possession of the land. On February 10, 1925, Johnson leased all of the westerly portion of said land, being the part that had theretofore been cropped to rice, to appellant, who agreed to plant same to rice during the 1925 season. The amount of land so leased to appellant being 260 acres. Appellant claims to have planted some 212 acres of said land to rice, but claims that by the negligence and misconduct of said directors in failing to furnish him with the water to which he was entitled, he was able to mature a crop upon 90 acres only. In his opening brief appellant sets forth six specifications

[613]

of error, the first of which is that the evidence was insufficient to support the findings. The second, that the decision is against the law. And third, fourth, fifth, and sixth, that the trial court erred in finding that the lessor had not assigned to the lessee his water rights; that the trial court erred in not finding that the appellant was entitled to 220 inches of water; that it erred in finding that respondent directors were not guilty of negligence in the performance of their official duties, or otherwise; and in finding that the failure to pay the assessments on the Cordes ranch, justified the said directors in refusing and failing to deliver sufficient irrigation waters to the appellant.