Turner v. Tuolumne County Water Co.

By the Court, Sanderson, C. J.

This action was brought to recover damages from the defendant, a ditch corporation, for the negligent, careless and wanton discharge of the waters accumulated in defendant’s ditch in and upon the lands of the plaintiffs, whereby the same were injured to the amount of ten thousand dollars, as alleged in the complaint. The jury rendered a verdict in favor of the plaintiffs for the sum of six thousand one hundred and thirty-seven dollars and fifty-cents. Thereupon the defendant moved for a new trial upon the following grounds:

*399First—Misconduct and irregularity in the…