Briggs v. Avary

CONNER, Chief Justice.

—J. C. A vary filed this suit in the District Court of Ward County on the 37th day of April, 1904, against Geo. E. Briggs to recover the rental value for the 3'ears 1903, 1903, 1904 and 1905 of a certain gin site and of a certain water power used in operating a gin erected on the right of way of an irrigation ditch formerly owned by tbe Margueretta Company.

The trial resulted in a verdict and judgment for appellee in the sum of seven hundred dollars, and the assignments of error on appeal to this court present two principal questions: First, did the court properly…