Brown

This appeal is from a judgment awarding the plaintiff damages found by the court to have resulted from irrigation water which defendants caused to flow from their land to and upon that of plaintiff. The only question presented by the appeal is whether the evidence supports the findings.

Plaintiff is the owner of the north half of the northeast quarter of the southeast quarter of a certain section of land. During the year 1920 the defendants raised a crop of rice on the northwest quarter of the same section. North of plaintiff’s land there is a ridge extending from the northwest to the southeast through the northeast quarter of the section. Approximately parallel thereto, from about the center of the northwest quarter to the southeast corner of the section, is another ridge. There is shown on the map a third ridge, connecting with the one last described at a point near the center of the northwest quarter and extending thence northerly. Midway between the parallel ridges the land is from four to five feet lower than at opposite points on the ridges, the slope being gradual from the higher to the lower points. The elevation of plaintiff’s west boundary line is some five feet lower…