Thompson v. DeWeese-Dye Ditch & Reservoir Co.

Cutee Justice Campbell

delivered the opinion of the court.

This is a proceeding under the eminent domain act to acquire by condemnation a right of way for an irrigating ditch across the lands of respondent. Upon the issue of compensation there was a trial by the court before a jury which returned a verdict awarding to the respondent damages in the net sum of $19.50 for a strip of land about a quarter of an acre in extent; and judgment was entered thereon.

Respondent has appealed to this court and assigned numerous errors. The principal ground urged for reversal is the refusal of the court to…