Andrews v. Costilla Ditch Co.

delivered the opinion of the court..

Plaintiff in error, plaintiff below, to whom we hereinafter refer as such, brought an action in damages against defendant in error, a ditch company, for negligently permitting its waste water to overflow lands and destroy his hay crop in the fall of 1941. Trial was to a jury which returned a verdict in favor of the ditch company, judgment was entered accordingly, and plaintiff seeks reversal on a writ of error.

The ditch company operates a mutual ditch about fifteen miles long, which diverts water from the Rio Grande river about half way between Alamosa and…