HENRIOD, Justice:
Appeal from a summary judgment of no cause of action in an action for trespass. Reversed, with costs to the Russells.
Russells were the third property owners down a road having easements in a lateral irrigation ditch, the water for which it was used furnished by Hooper. A condemnation action was decided upon by the latter to widen, extend and improve the channel. On December 7, 1959, a contractor was employed by Hooper. Over the objection...
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