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BIGLER v. MAPLETON IRR. CANAL CO.

No. 18256.

669 P.2d 434 (1983)

Dee Jay BIGLER and Carol Bigler, his wife, Plaintiffs and Respondents, v. MAPLETON IRRIGATION CANAL COMPANY and John Does I, II and III, Defendants and Appellants.

Supreme Court of Utah.

August 16, 1983.

Attorney(s) appearing for the Case

Michael L. Deamer, Salt Lake City, for defendants and appellants.

Richard B. Johnson, Provo, for plaintiffs and respondents.

HOWE, Justice:

Defendant Mapleton Irrigation Canal Company appeals from a judgment entered on a special jury verdict in favor of the plaintiffs, Dee Jay Bigler and Carol Bigler, his wife, for damages resulting from the flooding of their property on August 25, 1979.

The Canal Company is a non-profit corporation which delivers to plaintiffs' property water of the Strawberry Canal which carries a maximum of 90 second feet of water and flows 12 months of the year...

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