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HARRIS v. PRESTON-WHITNEY IRRIGATION COMPANY

No. 10100.

443 P.2d 482 (1968)

92 Idaho 398

Wm. M. HARRIS and Virginia M. Harris, husband and wife, Plaintiffs-Respondents, v. PRESTON-WHITNEY IRRIGATION COMPANY, a corporation, Defendant-Appellant.

Supreme Court of Idaho.

July 2, 1968.

Attorney(s) appearing for the Case

Gee, Hargraves & Armstrong, Pocatello, for appellant.

Merrill & Merrill, Pocatello, for respondents.

McQUADE, Justice.

Owners of a home adjacent to an irrigation canal brought this action against the canal's owner, an irrigation company, for damages allegedly caused by negligence in permitting water to flow into the basement of their home. The court found "water flowing in the basement was the result of increased flow in the canal and seepage through the banks into the basement," and attributed the situation to the "fault of" the canal owner. The court awarded damages...

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