Meservy v. Idaho Irrigation Co.

FLYNN, Commissioner.

— In this action respondent seeks damages sustained by reason of the wilful failure and negligence of the appellant, a Carey Act construction company, to furnish him his pro rata share of its available water supply for irrigation during the 1919 season.

On application for change of venue, the case was transferred from Lincoln county to Blaine county. The appellant is the same defendant appearing in the ease of Tapper v. Idaho Irrigation Co., Ltd., 36 Ida. 78, 210 Pac. 591, and the various contracts involved and discussed in that ease are identical with the contracts herein…