Burgess v. Salmon River Canal Co., Ltd.

McDEVITT, Chief Justice.

I

BACKGROUND AND PRIOR PROCEEDINGS

A full statement of the facts leading up to this litigation is provided in Burgess v. Salmon River Canal Company (Burgess I), 119 Idaho 299, 805 P.2d 1223 (1991), wherein this Court remanded the matter to the district court for a new trial. A brief summary of the subsequent proceedings which lead to the present appeal follows.

On December 18,1992, the trial court filed its Opinion and Order as to various pretrial motions filed by the parties. Of relevance is the court’s decision to allow Salmon River Canal Company (SRCC) to use tort…