Malmstrom v. People's Drain Ditch Co.

By the Court,

Talbot, C. J.:

After reargument and further consideration we feel constrained to adhere' to our decision as originally rendered in this case. Under the evidence disclosed by-the record and the facts appearing therefrom, as detailed in the opinion (32 Nev. 255-259, 107 Pac. 98), we are unable to escape the conclusion that the damage sustained by the plaintiffs was caused by their own acts and the fact that during the irrigating season the water percolated near the surface of the ground on their lots and in that vicinity, regardless of the ditch of the defendant. From the testimony…