Lowe v. Yolo Cty. Consol. Water Co.

This is an appeal from an order denying defendant’s motion for a new trial in an action for damages for failure on the part of defendant to deliver to plaintiff water for the irrigation of forty-two acres of land in Yolo County for the season of 1906. There was a trial by jury and plaintiff had verdict and judgment for $1099, consisting of $599 actual damages and $500 exemplary damages. There was an appeal by defendant from the judgment on the judgment-roll alone. On that appeal the judgment was affirmed by the district court of appeal of the third appellate district, and an application for…