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BURGESS v. SALMON RIVER CANAL CO.

No. 18209.

805 P.2d 1223 (1991)

119 Idaho 299

Harold C. BURGESS, Maxine Hazen; La Ray Easterday and Janet Easterday, husband and wife; Jim Fowler, Jr. and Robin Fowler, husband and wife; Vernon L. Herzinger and Betty Jean Herzinger, husband and wife, Larry D. Olsen and Sherrel E. Olsen, husband and wife, individually, and d/b/a Miracle Hot Springs; Le Grand Nelson and Alice Nelson, husband and wife; Jerry Olsen and Sheryl Olsen, husband and wife; Ken Olsen and Jean Olsen, husband and wife; Floyd Olsen and Eloise Olsen, husband and wife; L.J. Rice & Sons, Inc., a corporation; Robert W. Ring and June Ring, husband and wife; Dale M. Wright; Magic Water Company, a corporation; Lenard Easterday and Lorene J. Easterday, husband and wife; Elden Easterday and Annita Easterday, husband and wife; Richard L. Kerbs and Pat Kerbs, husband and wife; James M. Feeney and Maureen Feeney, husband and wife; William Feeney and Belinda C. Feeney, husband and wife; Dortha Handy; Donald A. Jensen and Mary Jensen, husband and wife; John F. Jensen and Anna Dee Jensen, husband and wife; Richard S. Kerbs; Richard E. Kopp and Beatrice Kopp, husband and wife; Rick C. Parks and Sharon Parks, husband and wife; Joseph I. Sherwood and Helen B. Sherwood, husband and wife; Mutual of Enumclaw, a corporation; Jaynette Connolly; and John Does I through X, Plaintiffs-Respondents-Cross Appellants, v. SALMON RIVER CANAL COMPANY, LTD., an Idaho corporation, Defendant-Third Party Plaintiff-Appellant, Cross Respondent, and Buhl Highway District, a body politic and a public corporation of the State of Idaho; and Twin Falls Highway District, a body politic and a public corporation of the State of Idaho, Third Party Defendants-Counterclaimants-Respondents-Cross Appellants.

Supreme Court of Idaho, Twin Falls, November 1990 Term.

February 4, 1991.

Attorney(s) appearing for the Case

Webb, Burton, Carlson, Pedersen & Webb, Twin Falls, for defendant-third party plaintiff-appellant, cross respondent Salmon River Canal Co., Lloyd J. Webb, argued.

Hepworth, Nungester & Lezamiz, Twin Falls, for plaintiffs-respondents-cross appellants Burgess, et al., John C. Hepworth and John T. Lezamiz, argued.

Racine, Olson, Nye, Cooper & Budge, Pocatello, for plaintiff-respondent-cross appellant Buhl Highway Dist., Louis F. Racine, Jr., argued.

Benoit, Alexander, Sinclair, Doerr, Harwood & High, Twin Falls, for plaintiff-respondent-cross appellant Twin Falls Highway Dist., J. Robert Alexander, argued.

McDEVITT, Justice.

This is an action by the plaintiffs to recover damages due to the defendant's alleged negligence in flooding the plaintiffs' various properties. Plaintiffs alleged that the defendant was negligent in its release of water from the Salmon Falls Creek Reservoir. Salmon River Canal Company sought relief from the Buhl Highway District and the Twin Falls Highway District (the highway districts) alleging the...

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