Harmony Ditch Co. v. Sweeney

Kimball, Justice.

This action was for damages alleged by plaintiff to have been caused by the trespass of defendant’s sheep on plaintiff’s irrigating ditch, and for an injunction to secure the plaintiff against the continuance or repetition of such trespass. The trial was had without a jury and judgment on general findings was for defendant with costs. The plaintiff has brought the case here by proceeding in error. The only question we need consider is whether under’, the admitted or undisputed facts the plaintiff was entitled to damages.

In the spring of 1919 the plaintiff, a corporation,…