WEAVER, J.
This is an appeal from an order granting plaintiff a new trial after a jury verdict in favor of defendant. The action was one for damages resulting from the flooding of plaintiff's property. The new trial was granted solely upon the ground that the court erred in giving a certain instruction relating to contributory negligence.
The appellant contends the instruction was a proper one. Respondent argues that it was improper, but that, if we hold the...
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