Sharp & Co. v. Parker

1. When one for a valuable consideration conveys the right of the exclusive use of a race which carries from a stream water over his land, and the party who .receives such water privileges stipulates in his contract that he will keep the race in good condition, the latter is liable to the former for damages done the land by overflows of water, resulting from improper work done on the race, and a failure to keep it in a reasonably safe condition to prevent such overflows. If the proximate or immediate cause of such overflows is the result of his negligence in omitting to keep the race in…