Reed

Reed v. Oakdale Irrigation District

Good Law
1920 Cal. App. LEXIS 643·46 Cal. App. 139·188 P. 832
Court of Appeal of CaliforniaFebruary 13, 1920Civ. No. 2101.California3,255 words

Opinion

Lead Opinion

Hart, J.

Plaintiff brought the action to recover from defendant the sum of three thousand dollars, as damages-caused by obstructions to a highway by means of a ditch constructed therein and sand thrown from said ditch into the highway, and to have said obstructions removed. A jury, called to pass upon the question of damages, awarded plaintiff $150 and she was given judgment for that amount and costs. As to the remaining issues, the court made findings of fact and conclusions of law and' entered judgment in accordance therewith. Plaintiff appeals from the whole of said judgment on the judgment-roll alone.

The following findings will sufficiently indicate the matters in dispute: It was found that defendant is a public corporation organized and existing under the laws of the state of California; that, for more than seven years last past, plaintiff has been the owner and in possession of lots 14 and 15 of the Oakdale Syndicate Tract, in Stanislaus County, as per the official map of said tract filed for record in the office of the county recorder on the first day of April, 1890.

“5. That along the southerly boundary of” said lots “there is laid out and dedicated by said map so filed, as…

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