JONES v. BIG LOST RIVER IRRIGATION DISTRICT

No. 10170.

459 P.2d 1009 (1969)

93 Idaho 227

O.T. JONES and Ruby I. Jones, husband and wife, and William A. Jones, Plaintiffs-Appellants, v. BIG LOST RIVER IRRIGATION DISTRICT, a corporation, Defendant-Respondent.

Supreme Court of Idaho.

October 17, 1969.


Attorney(s) appearing for the Case

Albaugh, Bloem, Smith & Pike, Idaho Falls, for appellants.

Kerr & Williams, Blackfoot, Merrill & Merrill, Pocatello, for respondent.


DONALDSON, Justice.

This appeal is from a final judgment entered against the appellants (plaintiffs) in an action for damages to appellants' crops in 1959 based upon the alleged failure of the respondent (defendant) irrigation district to deliver water to the appellants. The action was tried to the court sitting without a jury.

The appellants' property in question is located entirely outside the boundary of the respondent irrigation district, lying some four...

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