
    Argued at Pendleton May 8,
    affirmed September 17, 1929.
    BIG CREEK DITCH CO. v. IRA L. HOFFMAN.
    (280 Pac. 495.)
    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.
    
   RAND, J.

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.  