Sacchi

This is an action for damages for injuries alleged to have been inflicted upon the leasehold of plaintiff through the negligence of the defendant.

The complaint asked for damages in the sum of $5,200, but the jury by whom the cause was tried assessed the damages at the sum of $3,500, for which amount the court subsequently caused judgment to be entered in favor of plaintiff.

This appeal is from the judgment so entered and the order denying defendant’s motion for a new trial.

The injuries alleged to have been sustained to plaintiff’s property were the result of the overflow upon his land of the water from Jacoby creek, in Humboldt county, and it is charged that said overflow and the consequent submerging and damaging of plaintiff’s land was caused by the negligent acts of the defendant.

The defendant is a corporation, and the purpose for which it was organized as such was to carry on and conduct the logging and lumbering business, in which, for many years prior to the institution of this action, it and its predecessor, the Bayside Mill and Lumber Company, were engaged on Jacoby creek, in Humboldt county.

The plaintiff, at the time the injuries complained of were sustained, and…