JORDAN v. YODER

No. 8351.

295 P.2d 271 (1956)

Adam JORDAN, Elisha Holden and Wayne A. Lonkey, Plaintiffs-Respondents, v. John L. YODER, Defendant-Appellant.

Supreme Court of Idaho.

March 27, 1956.


Attorney(s) appearing for the Case

Gigray & Boyd, Caldwell, for appellant.

Laurence N. Smith, Caldwell, for respondents.


TAYLOR, Chief Justice.

Plaintiffs (respondents), owners of lands lying below the lands of defendant (appellant) in the same natural drainage area, brought this action to enjoin defendant from wasting surplus irrigation water from certain of his land through a waste-way across the lands of the plaintiffs.

The court found that from 1930 to an undetermined date between 1940 and 1945, surplus irrigation water from approximately 69½ acres of defendant's land...

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