Farmers Reservoir & Irrigation Co. v. Fulton Investment Co.

The Fulton Investment Company, plaintiff in the district court, recovered judgment against the Farmers Reservoir and Irrigation Company, and the latter brings the case here for review. They will be hereinafter designated as in the trial court.

Two causes of action were alleged: first, trespass vi et armis, in taking and carrying away a certain pipe line theretofore installed for the carriage of water to plaintiff’s premises; and second, negligent conduct in the removal of the pipe line, resulting in a fire which destroyed the stubble on plaintiff’s wheat field. Before the case went to the…