Hunt

By this action the plaintiff sought judgment against the defendant in the sum of $14,250 on account of damage, alleged to have been suffered by him to certain crops growing and being in the county of Butte in the year 1920, and the fouling of the lands then and there leased by him so as to materially diminish their productivity during the year 1921. The action was tried before a jury. Plaintiff had judgment in the sum of $1,900 and the defendant appeals.

The facts set forth in the pleadings and the transcript show that the plaintiff held, under a lease, certain lands situated in the county of Butte, upon 130 acres of which he was growing and cultivating rice; that during the year 1920 he had produced thereon a crop of considerable value; that this crop was partly harvested and standing upon the leased premises in the month of November of that year; that during said month the lands on which said crop of rice was then and there being were inundated by water escaping from a canal belonging to the defendant and appellant in this action. The allegations in the complaint material to be considered in this action are found in paragraph 6 thereof and in subdivision “e” of paragraph 7.…