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OLIVER v. AMITY MUT. IRRIGATION CO.

No. 98CA1898.

994 P.2d 495 (1999)

Larry Joe OLIVER and Lois Ann Oliver, Plaintiffs-Appellees, v. The AMITY MUTUAL IRRIGATION COMPANY, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

December 23, 1999.

Attorney(s) appearing for the Case

George McLachlan, Lamar, Colorado, for Plaintiffs-Appellees.

Shinn, Steerman & Shinn, Donald L. Steerman, Carl M. Shinn, Wendy S. Shinn, Lamar, Colorado, for Defendant-Appellant.

Opinion by Judge VOGT.

In this negligence action, defendant, Amity Mutual Irrigation Co., appeals the trial court judgment awarding damages to plaintiffs, Larry Joe Oliver and Lois Ann Oliver, for injury to their property resulting from a break in the bank of defendant's irrigation ditch. We affirm.

Defendant's main irrigation canal lies immediately north of plaintiffs' farm. Following a week of heavy rain in 1995, a break in the south bank of the canal permitted...

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