Tormey v. Anderson-Cottonwood Irrigation District

This action was brought to restrain the defendant from permitting seepage water from its canal to flow upon the lands of plaintiffs and for damages caused by such water. Judgment was rendered in favor of the defendant and the plaintiffs appeal. The plaintiffs allege: “That said ditch or canal was negligently and carelessly constructed by defendant, and that because of such construction by defendant water has constantly escaped and seeped through the bottom and banks of said canal, and said defendant, ever since the use by it of said canal or ditch for conducting water has negligently,…