HARMON v. RASMUSSEN

No. 9690.

13 Utah 2d 422 (1962)

375 P.2d 762

EVALINE HARMON AND CONRAD HARMON, PLAINTIFFS AND APPELLANTS, v. OTTO RASMUSSEN, LeREE RASMUSSEN, HIS WIFE; LEONARD M. SPROUL, AND AMERICAN FALLS CANAL SECURITIES COMPANY, A CORPORATION, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

November 2, 1962.


Attorney(s) appearing for the Case

Elias Hansen, Salt Lake City, for appellants.

Bernard L. Rose, Salt Lake City, for respondents.


WADE, Chief Justice.

Plaintiffs, the Harmons, appeal from a judgment of the trial court of no cause for action in favor of the defendants, the Rasmussens, respondents here. By their complaint plaintiffs, the Harmons, seek to establish a right of way for an irrigation ditch by prescriptive easement, claiming adverse use for about 60 years and $400 damages for filling in this irrigation ditch. The court found that the Rasmussens did not fill in the ditch, and that the...

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