Preston v. Farmers Irrigation District

Plaintiff sued for damages to his crops and land, in the sum of $2,656.74, occasioned by defendant’s failure to make delivery of irrigation water under his preferred water-right contract. On the first trial, the jury awarded him damages of only $118.75, and plaintiff appealed. The judgment was reversed for inadequacy of amount, and the case was remanded for a new trial. Preston v. Farmers Irrigation District, 134 Neb. 503, 279 N. W. 298. On the second trial, plaintiff recovered a verdict and judgment for $1,477.50, and defendant has appealed.

The nature of the rights vested in plaintiff, as…