Priest v. Union Canal Co.

Citations

• 6 Cal. 170

Syllabus

<p>The admission of improper testimony is no ground for disturbing a verdict, where it is evident by the verdict itself that no injury was done thereby to the party objecting to its admission.</p> <p>A Court may, in its discretion, allow a plaintiff, after defendants have closed their case, and before the case is submitted, to supply an omission in the testimony occasioned by mistake or inadvertance, nor is such action any ground for reversal, unless it appear that injustice has been done by an abuse of discretion.</p> <p>A general allegation in a complaint for the diversion of water, that plaintiffs were entitled to all the water flowing into the canon at the head of their ditch, entitles them to prove a diversion of water from the smaller branches of the canon supplying water to that point.</p>