Harvel H. Cosper and Stella Cosper v. Southern Pacific Company, a Corporation

HAMLIN, Circuit Judge.

Appellants filed an action in the United States District Court for the District of Arizona against appellee for damages and equitable relief arising from appellants’ claim that appellee breached an implied contract to maintain ditches and dykes on an easement granted by appellants’ predecessors in interest to appellee’s predecessors in interest. Jurisdiction in the district court was based on diversity of citizenship (28 U.S.C.A. § 1332). The case was tried to a jury. At the conclusion of the evidence the district court instructed the jury, and then the jury retired to…