Truman

The plaintiff sued the defendant to recover the aggregate sum of $18,000, alleged to he the extent of the damage, measured in money, inflicted upon plaintiff’s orchard by certain acts of the defendant. The issues of fact were tried before a jury, who awarded plaintiff a verdict for the sum of $5,000. Judgment was entered accordingly, and from said judgment defendant appeals.

The defendant is a public service corporation, and owns and operates an irrigation system, “consisting of ditches, dams, pumping plants and other structures,” and serves persons owning lands contiguous to its system with water for irrigating purposes. It takes water from the Feather River and conveys it through its ditches to its various customers in the counties of Sutter and Butte.

The plaintiff owns a tract of 40 acres of land (specifically described in the complaint) in the county of Sutter. Of this tract 26 acres, situated in the northeast corner of the tract, borders upon certain ditches maintained by the defendant for the purposes of its business in the distribution of water to its customers. The said 26 acres had been and constituted, at the time of the damage thereto in the manner claimed and…