Edmonds

The trial court gave judgment against Glenn-Colusa Irrigation District, a public utility, in the sum of $750. The court further held that the ditch and canal which was built through plaintiff’s lands was carelessly and negligently operated and maintained, but granted a reasonable time within which to correct what it declared to be negligent and careless operation, and further provided that if the nuisance was not abated within a reasonable time the plaintiff would be entitled to an injunction restraining and enjoining the defendant “from maintaining and operating said canal in a negligent and careless manner so as to create a nuisance upon the lands of the plaintiff”.

The damage claimed to have been suffered was caused by seepage of water from said ditch and canal into and upon plaintiff’s lands. Defendant has appealed from the award of damages, and from the decree restraining the operation of said ditch conditionally or otherwise, and specifies a number of matters as errors and grounds which call for a reversal of the judgment. In addition to a failure of the evidence to support the findings, it is urged by defendant canal or ditch district that every matter of controversy in…