Cox v. City of Pocatello

SMITH, Justice.

Respondents in a single action seek mandate to compel appellants, during irrigation seasons to permit the flow of respondents’ allotted irrigation water through a ditch or canal extending southerly through the townsite of the City of Pocatello, and to deliver the water to respondents’ ditch at the city’s south boundary; and for recovery of damages to their gardens and crops, allegedly caused by the city’s refusal so to deliver the water during the forepart of the 1952 irrigation season.

The action was tried upon a stipulation of facts, evidence adduced and affidavits filed by…