Tormey

This action was brought to restrain the defendant from permitting seepage water from its canal to flow upon the lands of plaintiffs and for damages caused by such water. Judgment was rendered in favor of the defendant and the plaintiffs appeal. The plaintiffs allege: “That said ditch or canal was negligently and carelessly constructed by defendant, and that because of such construction by defendant water has constantly escaped and seeped through the bottom and banks of said canal, and said defendant, ever since the use by it of said canal or ditch for conducting water has negligently, carelessly and without right allowed said water to flow to and upon the said lands of plaintiffs.” These allegations are denied by the defendant. The defendant alleges, in substance, that it is an irrigation district organized under the laws of the state; that in accordance with the California Irrigation District Act it “caused to be prepared by a competent irrigation engineer a set of plans and specifications for the construction of said canal, which said plans and specifications were duly and regularly approved by the State Engineer of the State of California and by the Irrigation District Bond…