Erickson v. Bennion

CROCKETT, Justice:

Plaintiffs sought to recover damages caused to their home and property by irrigation water which flowed there after use by the defendant. After the presentation of the plaintiff’s evidence, the defendant made a motion to dismiss. Upon consideration of the evidence, together with the depositions of the parties, the court, as the trier of the facts, made findings (as permitted by Rule 41(b), U.R.C.P.) against the plaintiffs, and entered judgment accordingly. Plaintiffs appeal.

Plaintiffs Erickson’s farm home is located on the north side of the highway (Utah State Highway 26)…