Richardson v. Kier

Citations

• 37 Cal. 263

Syllabus

<p>Motion fob New Trial—Specification of Errors on.—On appeal from an order denying a new trial, this Court will not review the action of the Court below in refusing an instruction asked by the appellant to be given to the jury, although at the time duly excepted to, where the appellant failed to include it in his specification of errors on his motion for a new trial.</p> <p>Liability of Owner of Water Ditch.—Where the bed of a watercourse, extending through the farming lands of R., is used by K. as a channel to convey the waters discharged into it from his ditch, of which it forms a connecting link, such watercourse will be considered as part of K.'s ditch; and where R.’s lands were injured by a deposit of sediment thereon, resulting from an overflow of the watercourse, which was caused either by the failure of K. to have it properly cleared of impediments, or by turning into it a quantity of water which, added to the natural waters flowing therein, exceeded its capacity to carry the same, K. is liable in damages to R. for such injury.</p> <p>Idem.—Richardson v. Kiev, 34 Cal. 63, as to the liability of ditch owners for damages done by water discharged or sold from ditches, is affirmed;</p>