Farrell

Plaintiff appeals from a judgment in favor of defendants. He concedes its correctness, however, as to the defendants other than the city of Ontario. Plaintiff, as the owner of certain lands situate a short distance south of the southerly limits of that city, charges the defendants with having constructed a certain ditch and culvert, the effect of which was to divert storm waters upon plaintiff’s lands to their injury. It is alleged that in January, 1916, large quantities of storm waters were so diverted upon plaintiff’s lands, to his damage in the sum of ten thousand dollars, and that if defendant city is not restrained from maintaining said ditch and culvert they will continue to divert waters upon plaintiff’s lands during the winter season of each year, to plaintiff’s further and irreparable damage. The prayer is for damages and for an injunction abating the alleged nuisance and restraining its further maintenance.

The case was tried before a jury which, on February 14,1917, returned its general verdict in favor of the plaintiff as against the defendant city alone in the sum of two thousand five hundred dollars. It also returned therewith its special verdict in answer to eight…