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CURTIS v. DEWEY

Nos. 10522-10524.

475 P.2d 808 (1970)

93 Idaho 847

Burdell CURTIS and Norma Curtis, husband and wife, Plaintiffs-Appellants, v. E. Lee DEWEY and Ervine Dewey, Defendants-Respondents. Vadna GARRARD, individually and as Administratrix of the Estate of Theron Wayne Garrard, Plaintiff-Appellant, v. E. Lee DEWEY and Ervine Dewey, Defendants-Respondents. Ida ANDERSON, individually and as Administratrix of the Estate of William C. Anderson, Plaintiff-Appellant, v. E. Lee DEWEY and Ervine Dewey, Defendants-Respondents.

Supreme Court of Idaho.

October 20, 1970.

Attorney(s) appearing for the Case

Roger D. Ling, Rupert, for plaintiffs-appellants.

Benoit, Benoit & Alexander, Twin Falls, for defendants-respondents.

McQUADE, Justice.

The three actions involved in this appeal were initiated separately by the plaintiffs-appellants on December 19, 1967. Each of the appellants owned land on Marsh Creek near Declo, Idaho, when, on December 23, 1964, a dam owned and maintained above the appellants' property by the defendants-respondents burst. The appellants alleged that they had suffered damages because of the resulting flood, and they claimed that such damages were caused by the...

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