WOODLAND v. LYON

No. 8362.

298 P.2d 380 (1956)

Andrew WOODLAND, Plaintiff-Appellant, v. Ben H. LYON and Ida Lyon, husband and wife, Defendants-Respondents.

Supreme Court of Idaho.

June 6, 1956.


Attorney(s) appearing for the Case

Caldwell & Whittier, Pocatello, for appellant.

Robert M. Terrell, Jones, Pomeroy & Jones, Pocatello, for respondents.


ANDERSON, Justice.

This is an action to recover damages for injury to pasture and growing crops of alfalfa hay and grain, for damage which resulted from the obstruction of a watercourse, and for the cost of removing the obstruction.

The parties own adjoining lands on the south fork of Pocatello Creek, respondents' land being upstream from appellant's. Appellant claims a decreed water right in the stream of five-tenths of a second foot.

Plaintiff and...

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