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ERICKSON v. BENNION

No. 12617.

503 P.2d 139 (1972)

28 Utah 2d 371

Maylon F. ERICKSON and Mrs. Maylon F. Erickson, Plaintiffs and Appellants, v. Sterling BENNION, Defendant and Respondent.

Supreme Court of Utah.

November 9, 1972.

Attorney(s) appearing for the Case

Cline, Jackson & Jackson, Joseph E. Jackson, Milford, for plaintiffs and appellants.

Eldon A. Eliason, Delta, for defendant and respondent.

CROCKETT, Justice:

Plaintiffs sought to recover damages caused to their home and property by irrigation water which flowed there after use by the defendant. After the presentation of the plaintiff's evidence, the defendant made a motion to dismiss. Upon consideration of the evidence, together with the depositions of the parties, the court, as the trier of the facts, made findings (as permitted by Rule 41(b), U.R.C.P.) against...

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