Rayborn v. Salmon River Canal Co., Ltd.

Respondent sued appellant, a Carey Act operating company, to recover damages for failure to deliver water for irrigation. A jury returned a verdict in favor of appellant. A new trial was granted on the theory that three instructions, enumerated hereafter, given by the court, were erroneous. The appeal is from the order granting a new trial.- The questioned instructions given were as follows :(3) “You are instructed, gentlemen of the jury, that the defendant owed the duty to the plaintiff to deliver at his headgate upon his request, at seasonable and reasonable times and in accordance with the…