Newman v. Bitter Root Irrigation District

This is an appeal by plaintiffs from a judgment of nonsuit. The action is one to recover damages for injury to land and crops as the result of alleged negligence on the part of defendant in the construction and maintenance of its irrigation canal. The trial court, in sustaining the motion for nonsuit, ruled that the complaint was insufficient to state a cause of action. The sufficiency of the complaint was first challenged by demurrer and again by objection to the introduction of evidence. We shall, therefore, first consider the sufficiency of the complaint.

In general, it alleges that…