FOLLETT v. TAYLOR BROTHERS

No. 8167.

294 P.2d 1088 (1956)

Carl FOLLETT, Plaintiff-Appellant, v. TAYLOR BROTHERS, a copartnership composed of D. A. Taylor and W. D. Taylor, as firm members, and D. A. Taylor and W. D. Taylor, Defendants-Respondents.

Supreme Court of Idaho.

Rehearing Denied March 28, 1956.


Attorney(s) appearing for the Case

Ben B. Johnson, Preston, Merrill & Merrill, Pocatello, for appellant.

S. T. Lowe, Kales E. Lowe, Burley, Robert M. Kerr, Jr., Blackfoot, for respondents.


SMITH, Justice.

Appellant seeks relief against respondents:

(1) For damages to appellant's 1948 crops allegedly caused by respondents' wrongful diversion of irrigation water from Raft River to which appellant alleges entitlement by reason of his prior decreed water rights; and

(2) To enjoin respondents from diverting from Raft River upon their lands by their newly constructed diversion works or otherwise...

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