Curtis v. Dewey

McQUADE, Justice.

The three actions involved in this appeal were initiated separately by the plaintiffs-appellants on December 19, 1967. Each of the appellants owned land on Marsh Creek near Dedo, Idaho, when, on December 23, 1964, a dam owned and maintained above the appellants’ property by the defendants-respondents burst. The appellants alleged that they had suffered damages because of the resulting flood, and they claimed that such damages were caused by the negligence of the respondents in maintaining the dam. The actions were consolidated for trial, and they remain consolidated on this…