Johnson v. Burley Irrigation District

SMITH, Justice.

Respondent brought this action to recover damages from appellant for injury to a 1952 crop of potatoes.

Appellant, for a time prior to and during 1952, was a duly incorporated, existing and operating irrigation district under the laws of the State of Idaho.

Respondent during 1952 leased and farmed the NE14 of the SW}4 of Sec. 8, Twp. 11 South, Range 23 E.B.M., in Cassia County. He lived on his own farm situate some distance from the leased land.

A main canal of appellant, designated as H-12, extended in a general north and south direction, and carried irrigation water to the…