Zollinger v. Big Lost River Irrigation District

SMITH, Justice.

The companion proceeding in eminent domain, hereinafter referred to, is Custer County Civil No. 1754, Big Lost River Irrigation District v. Zollinger, designated in this Court as appeal No. 8920, reported in S3 Idaho 401, 363 P.2d 706.

Respondent commenced this action, Custer County Civil No. 1715, to recover from appellant Irrigation District, hereinafter called the district, actual damages allegedly suffered during the years 1953 to 1957, inclusive, by the flooding of certain of respondent’s crops and lands at the instance of the district, and for exemplary damages. The trial…