Barstow Irrigation Co. v. Black

FLY, Associate Justice.

This suit was instituted by E. M. Black and J. C. Summers against appellant to recover damages arising from injury to crops by water which was forced thereon by the faulty construction of an irrigation plant owned by appellant. It was alleged that Black owned the land and Summers was. his tenant, the latter getting three-fourths of the crops raised on the land. It was alleged in the petition : “That the defendant built, owned and maintained an irrigation canal with high embankments on each side, the top of said embankment being about four feet above the level of the…