Turner v. Tuolumne County Water Co.

Citations

• 25 Cal. 397
• 1864 Cal. LEXIS 49

Syllabus

<p>How Verdict of Jury Impeached.—The affidavits of jurors cannot be received for the purpose of impeaching their verdict unless it is a chance verdict within the meaning of the second subdivision of the one hundred and ninety-third section of the Practice Act.</p> <p>Chance Verdict.—The jury entered into an agreement that each should mark down upon a separate piece of paper the amount which he thought the plaintiffs were justly entitled to recover, and that the several sums thus marked should be added together, and the total amount divided by twelve, and that the quotient, whatever it might be, should be their verdict, without further consultation or discussion; held, that this was not a chance verdict, within the meaning of the second subdivision of the one hundred and ninety-third section of the Practice Act,* held, further, that such verdict was vicious, and should be sot aside if the facts were proved by competent testimony.</p> <p>Construction of Statute.—A statute, in derogation of the common law, must be strictly construed.</p> <p>Liability of Ditch Owners for Damages.—When, by means of an artificial ditch, the waters of a stream are conducted from the bed of the stream over the adjacent country, crossing other small natural watercourses, the beds of which are dammed up by the embankment of the ditch, and by the fall of rain the waters of the streams become so swollen as to render it necessary to cut the embankment of the ditch to preserve it from injury, and the owners of the ditch cut the embankment at a point where there is no natural watercourse, so that the waters are turned on to cultivated land, causing injury thereto, the injury thereby sustained is not the act of God, but results from negligence, and the owners of the ditch are liable therefor.</p> <p>Destruction of Property.—A. may not, in order-to save his own property, destroy the property of B., however urgent the necessity.</p> <p>Exception to Evidence.—If an objection is taken to evidence by c