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CARTER PACKING CO. v. PIONEER IRRIGATION DIST.

No. 9803.

429 P.2d 433 (1967)

CARTER PACKING COMPANY, a Partnership consisting of Ted L. Carter and Gayle J. Carter, and Lyman L. Carter and Ivy E. Carter, and Ted L. Carter and Gayle J. Carter, husband and wife, individually, Plaintiffs-Appellants, v. PIONEER IRRIGATION DISTRICT, and Union Pacific Railroad Company, a Utah corporation, Defendants-Respondents.

Supreme Court of Idaho.

June 19, 1967.

Attorney(s) appearing for the Case

Schiller, Young & Williams, Nampa, for appellants.

Moffatt, Thomas, Barrett & Blanton, Boise, for respondent, Pioneer Irr. Dist.

Bryan P. Leverich, Salt Lake City, Utah, and D. A. Bybee, Pocatello, for respondent Union Pac. R. Co.

McQUADE, Justice.

During the evening of January 31 and the early morning of February 1, 1963, abnormal precipitation conditions prevailed in the valley area of Canyon County, Idaho; snow which had collected on the ground was melting in heavy rains accompanied by a chinook wind. On that date, appellants had a meat packing plant operated by Carter Packing Co. and a mobile home kept by Ted L. and Gayle J. Carter, on land in Canyon County which borders part of a drainage...

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