Campbell v. Bear River & Auburn Water & Mining Co.

By the Court, Crockett, J.:

This is an action to recover damages for an alleged injury to plaintiff’s lands, resulting from the careless management of the defendant’s water ditch, which traverses the land. The complaint avers that the plaintiff is the owner in possession of the land, under a patent of the "United States, and had appropriated it for agricultural purposes before the construction of defendant’s ditch. It avers that the defendants had so negligently constructed and managed the ditch that by reason thereof the plaintiff’s grounds were submerged and covered with sand and gravel, and…