Revis

This action was brought for the purpose of recovering damages caused by the alleged draining of plaintiff’s land by the defendant. A trial by jury was had, in which plaintiff was awarded damages in the sum of $2,500, and from the judgment entered thereon defendant prosecutes this appeal.

Since May, 1909, respondent had been the owner of approximately ten acres of land located in that portion of San Bernardino County known as the artesian belt, and which is aptly described in the opinion of the Supreme Court in the case of Katz v. Walkinshaw, 141 Cal. 116 [ 70 Pac. 663, 667 , 74 Pac. 766 , 99 Am. St. Rep. 35 , 64 L. R. A. 236]. The westerly half of this land is not involved here. The easterly half is described as low, damp, swamp-land which, under normal climatic conditions, was saturated with water. The respondent testified that upon the surface of his land there was a deposit of red soil varying from eighteen inches to two feet in depth, beneath which was a stratum of peat from twelve to fourteen inches in depth, and beneath that two other strata of peat varying in depth from six to sixteen inches, between which there existed stratifications of silt and sand varying in depth…