Albrethson v. Carey Valley Reservoir Co.

GIVENS, Justice.

Respondent, for himself and as assignee of his share-crop landlord, contending ap pellant, a mutual cooperative nonprofit irrigation company, negligently maintained and operated its irrigation canal, sued and recovered damages for crop loss on seven acres of his land for 1940 and forty acres in 1941; claimed to have resulted from water negligently and injuriously leaking and seeping from appellant’s canal into the land described, whereby the enumerated and evaluated crops did not mature.

Appellant denied water seeped or percolated from the canal to respondent’s injury or- that…