Ellis v. Twin Falls Canal Co.

SHEPARD, Justice.

Some seven and one-half years ago, in May 1978, defendant-respondent’s canal bank allegedly collapsed, damaging plaintiff-appellant’s fish farm and stock. The *911complaint was filed in October of 1978. In October 1984 the action was dismissed. During that time interval the following proceedings took place. The complaint was served in May 1979, and defendant answered seven days later. In March 1980, defendant filed interrogatories addressed to Ellis. In July 1981, Ellis received a clerk’s notice of dismissal of the action and an affidavit was filed as to why the case should be…