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WHEATLAND IRRIGATION DISTRICT v. McGUIRE

No. 4353.

552 P.2d 1115 (1976)

WHEATLAND IRRIGATION DISTRICT, a corporation, Appellant (Defendant below), v. Bernard R. McGUIRE et al., Appellees (Plaintiffs below), and Dean T. Prosser, Jr., and Harriot Prosser, Appellees (Plaintiffs below).

Supreme Court of Wyoming.

August 6, 1976.

Attorney(s) appearing for the Case

William R. Jones and Raymond B. Hunkins, of Jones, Jones, Vines & Hunkins, Wheatland, for appellant.

John J. Rooney, of Rooney, Horiskey & Bagley, Cheyenne, for appellees McGuires.

Byron Hirst, of Hirst & Applegate, Cheyenne, for appellees Prossers.

Before GUTHRIE, C.J., and McCLINTOCK and ROSE, JJ.

UPON PETITIONS FOR REHEARING

PER CURIAM.

Appellees have filed application for rehearing, contending that our former ruling1 on the issue of liability should be withdrawn and the judgment of the trial court sustained in its entirety. By supplemental application the Prossers contend that even if the doctrine of strict liability is not to be imposed there was before the trial court no evidence that the failure of the dam was caused...

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