Dennis

Tips is an action for damages claimed to have been sustained by plaintiff by the destruction, through the alleged negligence of the defendant, of certain crops of sweet potatoes and beans while the same were under cultivation and growing on the land of the respondent and also for alleged injury to said land. It is alleged that the plaintiff, after all the necessary preparations therefor, in the year 1903, planted ten acres of his land, situated in Merced county, in sweet potatoes and three acres thereof in beans; that “said crops grew well and were cultivated, tilled, irrigated and cared for by plaintiff at great expense and were in fine grow ing condition and in high state of cultivation, and of great value until the damage thereto and destruction thereof caused by defendants as herein alleged, and would but for said damages and destruction have produced large and valuable crops of beans and sweet potatoes.” The defendant is a corporation, created, organized and existing and operating its business under the laws of the state of California, and it is averred that it is and was, at and before the time at which this action was brought, the owner of and maintained, operated and…