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HARVEY v. HAIGHTS BENCH IRRIGATION COMPANY

No. 8631.

7 Utah 2d 58 (1957)

318 P.2d 343

BRIGHAM B. HARVEY AND RUTH M. HARVEY, PLAINTIFFS AND RESPONDENTS, v. HAIGHTS BENCH IRRIGATION COMPANY, A UTAH CORPORATION, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

November 13, 1957.

Attorney(s) appearing for the Case

Gustin, Richards, Mattsson & Evans, Salt Lake City, for appellant.

Clyde & Mecham, Salt Lake City, for respondent.

WORTHEN, Justice.

Plaintiffs are owners of 35 acres of land in Davis County, Utah. The property has never been cultivated or irrigated. Defendant for over forty years has maintained over and across the west and southwest portion of said land an irrigation ditch through which it has conveyed water to its stockholders. In the fall of 1955 defendant improved the northerly portion of said ditch by cementing it for a distance of 750 feet. The cement ditch is seven feet...

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