Debevtz v. New Brantner Extension Ditch Co.

For convenience we hereinafter refer to plaintiff in error as plaintiff, and defendant in error as defendant, as they appeared in the trial court.

Plaintiff was owner and lessee of certain agricultural lands and defendant was operating a certain irrigation canal. Plaintiff alleged that between May 1, 1923, and June 25, following, defendant operated its ditch so negligently as to destroy his crops, and that such injury was inflicted with wanton and reckless disregard of his rights. He demanded actual and exemplary damages. The defendant alleged adverse possession and use of the wasteway in…