LIMBERHAND v. BIG DITCH CO.

No. 84-418.

706 P.2d 491 (1985)

Connie LIMBERHAND, Individually, and as Personal Representative of the Estate of Jaylon Limberhand, Deceased Minor, Plaintiff and Appellant, v. BIG DITCH COMPANY; City of Billings; Ken Nicholson and Allen Nicholson, each individually and d/b/a Apple Creek Property Management, Inc., Defendants and Respondents.

Supreme Court of Montana.

Decided September 26, 1985.


Attorney(s) appearing for the Case

Moses Law Firm; Paul M. Warren, argued, Billings, for plaintiff and appellant.

Crowley, Haughey, Hanson, Toole & Dietrich, Don Harris, argued, Billings, for Big Ditch Co.

Keefer, Roybal, Hanson, Stacey & Jarussi, J. Dwaine Roybal, argued, Billings, for City of Billings.

Jardine, Stephenson, Blewett & Weaver, Lon T. Holden, argued, Great Falls, for Nicholson.

Ted J. Doney, Helena, for Mont. Water Development Ass'n, amicus curiae.


SHEEHY, Justice.

Appellant, Connie Limberhand, brought this action in the District Court, Thirteenth Judicial District, Yellowstone County, to recover damages for the alleged wrongful death of her 18-month-old son, Jaylon, who drowned in an irrigation ditch.

The irrigation ditch was a lateral from the main channel of the Big Ditch which was constructed early in this century by the Minnesota and Montana Land Improvement Company and subsequently acquired by...

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