Brown v. Jones

The first assignment of error presents the question whether the issue created by the general denial of the allegations of the complaint which averred that the plaintiff owned the hay in question, that it was upon the premises described in the complaint, that the defendants wrongfully flooded that land, and thereby injured the hay, authorized the court to receive evidence offered by the defendants which showed that the water which flooded the plaintiff’s land and ruined the bottom of his haystacks was due to the fact that the California-Oregon Power company, by virtue of its contract with the…