BURGESS v. SALMON RIVER CANAL CO., LTD.

No. 20589.

903 P.2d 730 (1995)

127 Idaho 565

Harold BURGESS; La Ray Easterday and Janet Easterday, husband and wife; Jim Fowler, Jr., and Robin Fowler, husband and wife; Jim Fowler, Sr.; 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; Eloise Olsen; 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 I. Easterday, husband and wife; Mark Herzinger, Personal Representative for the Estate of Betty Herzinger; 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; 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; Sharon Parks; Joseph I. Sherwood and Helen B. Sherwood, husband and wife; David M. Cooper; Robert A. Norman; Jensen Family Partnership; Mutual of Enumclaw, a corporation; Jaynette Connolly; and John Does I through X, Plaintiffs, v. SALMON RIVER CANAL COMPANY, LTD., an Idaho corporation, Defendant-Third Party Plaintiff-Appellant, 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-Respondents.

Supreme Court of Idaho, Twin Falls, November 1994 Term.

September 26, 1995.


Attorney(s) appearing for the Case

Webb & Webb, Twin Falls, and Cosho, Humphrey, Greener & Welsh, Boise, for Appellants Salmon River Canal Company, Ltd. Lloyd J. Webb argued.

Racine, Olson, Nye, Cooper & Budge, Pocatello, for Respondent Buhl Highway District. Louis F. Racine, Jr. argued.

Benoit, Alexander, Sinclair, Doerr, Harwood & High, Twin Falls, for Respondent Twin Falls Highway District. J. Robert Alexander argued.


McDEVITT, Chief Justice.

I.

BACKGROUND AND PRIOR PROCEEDINGS

A full statement of the facts leading up to this litigation is provided in Burgess v. Salmon River Canal Company (Burgess I), 119 Idaho 299, 805 P.2d 1223 (1991), wherein this Court remanded the matter to the district court for a new trial. A brief summary of the subsequent proceedings which lead to the present...

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