Sternes

This is an appeal from the judgment of the Superior Court of Sutter County after trial by jury wherein plaintiffs were awarded damages by reason of the construction of certain canals across their lands. This case has been before this court before and in an opinion rendered by this court ( 61 Cal. App. 737 [ 216 Pac. 66 ]) the facts are fully stated. Therefore, it is deemed unnecessary in this opinion to restate the facts out of which this litigation has proceeded. Following the decision of this court a second trial was had and as a result thereof a jury awarded to plaintiffs compensation for the lands taken in the said action, the acreage thereof being 5.18 acres, amounting to the sum of $1036, and damages to the lands not taken, being for so-called severance damages, seepage, etc., amounting to the sum of $8,196. The law of the case as settled on the former appeal so far as values and damages to the land not taken are concerned seems to have been closely followed, but it is contended by appellant that the values and damages awarded are excessive and not in conformance with the evidence in the case. With the exception of the evidence of the plaintiff Floyd G. Sternes, the values…