[DOWNLOAD] "Challis Irrigation Company v. State Idaho" by Court of Appeals of Idaho No. 13531 " eBook PDF Kindle ePub Free
eBook details
- Title: Challis Irrigation Company v. State Idaho
- Author : Court of Appeals of Idaho No. 13531
- Release Date : January 22, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
ON PETITION FOR REHEARING This case presents a question of causation. We are asked to decide whether there is substantial evidence to support a jury finding that improper maintenance of a fish screen in an irrigation canal caused a break in the canal wall. This issue is raised by the State of Idaho, Department of Fish and Game, which installed and maintained the screen under a license granted by the Challis Irrigation Company, owner of the canal. The State had a contractual duty, under the terms of the license, to avoid obstructing the flow of water through the fish screen. The canal company and several of its member farmers sued the State, alleging that an obstruction at the fish screen had caused water to back up, breaking the canal bank. Upon verdicts in favor of the canal company and farmers, the State was adJudged liable for the resulting damage.