Allen v. Burggraf Construction Co.

BURNETT, Judge.

Two rural landowners, Ted Allen and D.P. Hathaway, sued a highway construction contractor, Burggraf Construction, for damages allegedly resulting from alteration of an irrigation ditch. The district court — sitting without a jury — dismissed the action after the landowners had presented their evidence. The court determined, in a memorandum decision and in an order disposing of post-trial motions, that the evidence failed to show liability on the part of the contractor.

On appeal the landowners raise two issues: (1) Was the landowners’ evidence sufficient to survive a motion for…