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STOTT BY AND THROUGH DOUGALL v. FINNEY

No. 23451.

950 P.2d 709 (1997)

130 Idaho 894

Mildred STOTT By and Through her legal guardian, Joyce DOUGALL, Plaintiff-Appellant, v. Paul FINNEY and Sue Finney, husband and wife, Defendants-Respondents.

Supreme Court of Idaho, Coeur d'Alene, October 1997 Term.

December 22, 1997.

Attorney(s) appearing for the Case

Watson Law Offices, Coeur d'Alene, for appellant. Roland D. Watson argued.

Huppin, Ewing, Anderson & Paul, P.S., Coeur d'Alene, for respondents. Irving "Buddy" Paul argued.

WALTERS, Justice.

This is an appeal in an action for the recovery of damages to real property. The plaintiff, Mildred Stott, alleged that her property was flooded as a result of the failure of a dam constructed by her neighbors, Paul and Sue Finney, on their land which was upstream from Stott's property. A jury rendered its verdict for the Finneys. Stott moved for a judgment notwithstanding the verdict or for a new trial. The district court denied Stott's motions...

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