Weiderkind v. Tuolumne County Water Co.

Citations

• 65 Cal. 431

Syllabus

<p>Iksibuchons—CoNSTmmoNAi. Law.—The suit was brought to recover damages caused by an overflow of water by reason of the breaking of a dam, and the court charged the jury that unless the dam had gates sufficient for certain named purposes, it was insufficiently and negligently constructed. Held, that such an instruction charged them with respect to a matter of fact in violation of section 19 of article vi. of the Constitution.</p> <p>Id.—In such an action, it is also error to instruct the jury that it was the duty of the defendant to constantly examine the dam during the season of freshets. Whether or not such a duty devolved upon the defendant might depend upon circumstances, and the question should have been left to the jury.</p>