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GRIFFITH v. KERRIGAN

Docket No. 8022.

109 Cal.App.2d 637 (1952)

241 P.2d 296

MYRTLE GRIFFITH, Plaintiff and Appellant, v. THOMAS J. KERRIGAN et al., Defendants and Appellants.

Court of Appeals of California, Third District.

March 7, 1952.

Attorney(s) appearing for the Case

Arthur William Coats, Jr., and Hugh M. Ferrier for Plaintiff and Appellant.

Rich, Carlin & Fuidge for Defendants and Appellants.

VAN DYKE, J.

Plaintiff brought this action against defendants, Kerrigan and wife and Sutter Butte Canal Company, to recover damages for injury to his peach orchard caused by excessive underground water seepage from adjoining lands which were controlled and operated by the defendants. The demurrer of the Sutter Butte Canal Company was sustained without leave to amend. Judgment was entered in favor of plaintiffs against the Kerrigans for the amount of damage found by...

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