Garden City Company, a Corporation, and United States Irrigating Company, a Corporation v. Charles Bentrup

PICKETT, Circuit Judge.

Charles Bentrup brought this action against Garden City Company, a corporation, and its subsidiary, United States Irrigating Company, a corporation, to recover damages for loss of crops resulting from the seepage of water on the plaintiff’s land from a reservoir owned by the defendants. 1 The complaint charged two elements of negligence : one, maintaining the water. in the reservoir at such a high level over long periods of time, that the pressure from the water caused the natural underground water table to rise sufficiently so as to appear at or near the surface of the…