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WHITE v. MARTY

No. 11681.

540 P.2d 270 (1975)

97 Idaho 85

J.F. WHITE and Arthur D. Hall, Plaintiffs-Respondents, v. Charles MARTY and Harriet Marty, husband and wife, Defendants-Appellants.

Supreme Court of Idaho.

July 30, 1975.

Attorney(s) appearing for the Case

Harlow J. McNamara, of Cox, Fanning, McNamara, Bowen, Idaho Falls, for defendants-appellants.

Kent W. Foster, of Holden, Holden, Kidwell, Hahn & Crapo, Idaho Falls, for plaintiffs-respondents.

McQUADE, Chief Justice.

This dispute concerns transportation of water across another's land. Respondents sought to condemn an easement, in the form of an existing irrigation ditch, across appellants' land. Respondents also sought compensation for damage to their crops allegedly caused when appellant, Charles Marty, filled in a ditch and respondents were thereby deprived of water for irrigation of their lands. The trial court condemned an easement through the Martys...

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