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REHWALT v. AMERICAN FALLS RESERVOIR DISTRICT #2

No. 11965.

550 P.2d 137 (1976)

97 Idaho 634

LeRoy W. REHWALT et al., Plaintiffs-Respondents, v. AMERICAN FALLS RESERVOIR DISTRICT #2, Defendant-Appellant.

Supreme Court of Idaho.

May 18, 1976.

Attorney(s) appearing for the Case

Parry, Robertson, Daly & Larson, Twin Falls, Cecil D. Hobdey of James, Hobdey & Varin, Gooding, for defendant-appellant.

James T. Jones, Jerome, for plaintiffs-respondents.

DONALDSON, Justice.

American Falls Reservoir District No. 2, hereinafter referred to as American Falls, owns an easement, consisting of a right of way for an irrigation canal and maintenance roads on either side, that traverses the farmland of respondents LeRoy and Eunice Rehwalt.

On August 15, 1973, the Rehwalts loaded 480 bushels of wheat onto the ten-wheel truck of their son-in-law, respondent Calvin Jones. As...

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