Opinion
Argued at Pendleton May 8, 1929
Affirmed September 17, 1929
From Baker: D.R. PARKER, Judge.
For appellant there was a brief and oral argument by Mr. Frank C. McColloch.
For respondent there was a brief over the name of Messrs. Nichols, Hallock Donald, with an oral argument by Mr. James T. Donald.
AFFIRMED.
In this case, except for the amount of the judgment, the facts are identical with those in the case of Big Creek Ditch Co. v. Hulick, ante, p. 401, and the same rules of law apply.
From this it follows that the judgment must be affirmed, and it is so ordered. AFFIRMED.
McBRIDE, BEAN and ROSSMAN, JJ., concur.