White v. Marty

McQUADE, Chief Justice.

This dispute concerns transportation of water across another’s land. Respondents sought to condemn an easement, in the form of an existing irrigation ditch, across appellants’ land. Respondents also sought compensation for damage to their crops allegedly caused when appellant, Charles Marty, filled in a ditch and respondents were thereby deprived of water for irrigation of their lands. The trial court condemned an easement through the Martys’ property to carry water to respondents’ lands, and assessed against appellants $2.00 actual damages and $1390.00 punitive…