Lourence v. West Side Irrigation District

BRAY, J. *

Plaintiff appeals from judgment, after jury verdict, in favor of defendant in an action for damages for alleged water seepage from defendant’s canals on and adjacent to plaintiff’s property.

Questions Presented

1. Failure to give plaintiff’s instruction No. 4 concerning the effect of section 22099 of the Water Code.

2. Alleged error in instructions given:(a) On inverse condemnation.(b) On the application of section 22098, Water Code.(c) On “equally balanced” evidence.(d) On mitigation of damages.

Record

Plaintiff owns a 300-acre farm, approximately 3 miles west of the City of Tracy. It…