Calvert v. Anderson

By this action plaintiffs seek to recover damages for injury to their property caused by the seepage of water from an irrigating ditch owned and operated by the defendants and to secure an injunction restraining the defendants from maintaining and using the ditch in the manner described. The trial court sustained a general demurrer to the complaint and plaintiffs, electing to stand by their pleading, suffered a judgment of dismissal to be entered and appealed therefrom.

The only question presented is: Does the complaint state a cause of action upon any theory? For if it does, it is proof…