RECENT LEGAL DECISIONS. 



109 



so far, at least, as to require the company 

 to accord to him a preference to the same 

 amount of water, for subsequent years, 

 over new applicants. And the court upon 

 this subject so held. 



And upon the subject of damages where 

 in an action against an irrigation company 

 for the refusal of the company to furnish 

 water in the year 1889, to irrigate his land 

 lying under the company's caual, and hav- 

 ing no other source of supply, it appeared 

 that the plaintiff obtained water from 

 defendant in 1888, and in the spring of 

 1889 demanded water for that season. 

 There was evidence of the rental value of 

 the laud for 1889, and that plaintiff had, 

 ia preparing to cultivate his land in 1889, 

 purchased horses, farming implements, 

 etc., and made other expenditures in the 

 the way of permanent improvements, and 

 of the amounts he paid for each ; that prior 

 to the demand he had plowed and planted 

 forty acres; that he raised a partial crop; 

 that, had defendant furnished water, he 

 would have realized from the increase in 

 the yield about $1,500, without deducting 



the cost of raising, harvesting and market- 

 ing; and that he lost $600 in fruit and na- 

 tive trees. The rental value was not lim- 

 ited to the 120 acres, for which defendant 

 was obligated to furnish water. The court 

 held that the measure of damages was the 

 difference between the amount realized 

 from the crops and the amount that would 

 have been realized had the water been fur- 

 nished, less the cost of raising, harvesting 

 and marketing, together with the loss of 

 the trees and the loss of use of part of the 

 120 acres plaintiff was prevented from cul- 

 tivating; that for lands not seeded at the 

 time he was entitled to the rental value; 

 that, if by reason of defendant's refusal, 

 the improvements and preparation became 

 in part useless to plaintiff, or were of less 

 value and use to him, the fact of such im- 

 provements, etc., should be considered in 

 estimating the damages, and that he should 

 be allowed the rental value of his land in 

 its improved condition, if he was deprived 

 of the use thereof by defendant's wrongful 

 conduct. 



FAMOXA'S HOME IN SOUTHERX CALIFORNIA. 

 Courtesy, Land of Sunshine. 



