SHAW v. CITY OF RUPERT

No. 14482.

681 P.2d 1001 (1984)

106 Idaho 526

Dean SHAW and Alice Shaw, husband and wife, Paul Crane and LaVieve Crane, husband and wife, Plaintiffs-Appellants, v. CITY OF RUPERT, a municipal corporation, Hamilton & Voeller, Inc., a corporation, d/b/a H & V Engineering, Inc., and Galey Construction Company, Inc., a corporation, Defendants-Respondents. H & V ENGINEERING, INC., an Idaho corporation, Cross-Claimant, v. CITY OF RUPERT, a municipal corporation, and Galey Construction Company, Inc., a corporation, Cross-Defendants. CITY OF RUPERT, a municipal corporation, Cross-Claimant, v. H & V ENGINEERING, INC., an Idaho corporation, and Galey Construction Company, Inc., an Idaho corporation, Cross-Defendants. GALEY CONSTRUCTION COMPANY, INC., an Idaho corporation, Cross-Claimant, v. CITY OF RUPERT, a municipal corporation, and H & V Engineering, Inc., an Idaho corporation, Cross-Defendants.

Supreme Court of Idaho.

May 16, 1984.


Attorney(s) appearing for the Case

Randolph Calvin Stone, of Parsons, Smith, Stone & Fletcher, Burley, for plaintiffs-appellants.

Thomas B. High, of Benoit, Alexander & Sinclair, Twin Falls, for defendant-respondent, Galey Construction Company, Inc.

Nickolas J. Dibert, of Quane, Smith, Howard & Hull, Boise, Donald J. Chisholm, of Goodman, Duff & Chisholm, Rupert, for defendant-respondent, City of Rupert.

Jeffrey A. Strother, and Kirk R. Helvie, of Moffatt, Thomas, Barrett & Blanton, Chartered, Wilbur Nelson, of Nelson, Westberg & McCabe, Boise, for defendant-respondent, H & V Engineering, Inc.


ON REHEARING

DONALDSON, Chief Justice.

A sewage lagoon system, designed by H & V Engineering, Inc., constructed by Galey Construction Co., and operated by the City of Rupert, is located immediately west of the real property owned by the plaintiffs, the Shaws and the Cranes. On March 16, 1979, one of the lagoons flooded, and the partially treated sewage flowed across the plaintiffs' land for the distance of approximately 1 1/2 miles. Based upon the alleged...

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