J. F. White and Arthur D. Hall v. Charles

This dispute concerns transportation of water across anothers land. Respondents sought to condemn an easement, in the form of an existing irrigation ditch, across appellants land. Respondents also sought compensation for damage to their crops allegedly caused when appellant, Charles Marty, filled in a ditch and respondents were thereby deprived of water for irrigation of their lands. The trial court condemned an easement through the Martys property to carry water to respondents lands, and assessed against appellants $2.00 actual damages and $1390.00 punitive damages, plus costs. We vacate the decree and judgment, holding that the trial magistrate did not have the requisite authority to try the case.