Arnett v. Linhart

This is an action brought by Mary M. Arnett against Eliza and David Linhart to recover damages resulting from the interruption of the use of an irrigating ditch, and the consequent loss of water for irrigation purposes, and for certain equitable relief.

Upon the conclusion of plaintiff’s evidence, the court below sustained a motion for nonsuit and dismissed the action at plaintiff’s cost. The assignment of errors challenges the correctness of this ruling. From the record it appears that on the 8th day of April, 1886, defendants conveyed, by warranty deed, to plaintiff a certain piece of land…