Wallace v. Fresno Canal & Land Corp.

RICHARDS, J.

This is- an appeal from a judgment in favor of the plaintiff and against the defendant for damages alleged to have been sustained by the plaintiff, and also by one T„ Hampoyan, his assignor, through the alleged negligence of the defendant.

[1]

The complaint alleged that the defendant was a corporation engaged in the business of distributing water for irrigating purposes in the county of Fresno, wherein, for several years, it maintained and controlled a system of ditches and canals, among which was a large ditch or canal commonly known as Dry Creek, which ran to and by the southeast corner of the lands leased by the plaintiff and by plaintiff’s assignor, from which point a small lateral ditch had been constructed along the south line of said plaintiff and of his assignor and of a number of other land owners, from which smaller ditch their lands were supplied with water. The complaint further alleged that the defendant, through its servants, agents, and employees, so negligently and carelessly handled, managed, and controlled the water flowing in said Dry Creek and the headgates therein, and particularly the headgate which turns the water into said smaller lateral ditch, that an amount of water far in excess of the capacity of said lateral ditch was turned into it, and having broken over and overflowed its banks, flowed on to and upon the lands of plaintiff and his assignor, causing the damage complained of. The defendant, while admitting the ownership of the irrigation system and of the ditches and headgates above referred to, -denied any negligence in the conduct and management thereof from which the plaintiff and his assignor suffered the damages of which the former complains.

Upon the trial of the cause before the court the defendant admitted that if the injuries complained of were caused by its negligence, the amount of damages sought to be recovered was reasonable. The only question, therefore,

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before the trial court was as to whether the .plaintiff’s damages were the result of the defendant’s negligence.

The trial court upon this issue found in favor of the plaintiff, and from the judgment thereupon entered for the amount of damages claimed by him this appeal has been' taken.