Hodges v. Trail Creek Irrigation Co.

FRED M. TAYLOR, District Judge.

Plaintiff, W. M. Hodges, has commenced this action seeking damages against the Trail Creek Irrigation Company, Incorporated, for depriving and withholding from the plaintiff irrigation water to which he was entitled. The matter is presently before this Court on defendant’s motion for a summary judgment. The issue raised by defendant’s motion is that the cause has been previously adjudicated in the District Court of the Ninth Judicial District of the State of Idaho, in and for Teton County.

The defense of res judicata may be raised on a motion for summary…