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GEORGE v. FISH CREEK IRRIGATION DITCH COMPANY

No. 9791.

342 P.2d 738 (1959)

Guy D. GEORGE and Guy George, Jr., Plaintiffs and Appellants, v. FISH CREEK IRRIGATION COMPANY, and Jefferson Canal Company, Montana Corporations, Defendants and Respondents.

Supreme Court of Montana.

Decided July 22, 1959.

Attorney(s) appearing for the Case

Frank E. Blair, Virginia City, Ralph J. Anderson, Stanley P. Sorenson, Helena, for appellants. Frank E. Blair and Ralph J. Anderson argued orally for appellants.

Lyman H. Bennett, Jr., Bozeman, John H. Jardine, Whitehall, argued orally for respondents.

HARRISON, Chief Justice.

This is an action to abate as a nuisance a dam owned by the defendants and to enjoin defendants from restoring the dam to its present condition without affording an outlet for silt, debris, ice and other accumulations.

By their complaint the plaintiffs charged negligence in the construction of the dam in that defendants failed to provide any opening through which silt or refuse could be released, or to install a dam of a type which...

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