Lewis v. Klamath Irrigation District

In this action plaintiffs alleged that they had been entitled to the use and benefit of the waters from a hot spring and that defendant, contrary to its duty to plaintiffs, had permitted the waters from the spring to become unusable. Plaintiffs brought this action for alleged damage and prevailed by a jury verdict. The trial court later entered an order allowing a new trial upon the court’s own motion. Plaintiffs appeal from that order.

The disposition we make of the case does not require that we set forth the complicated factual background which, plaintiffs alleged, created defendant’s duty…