Pine Creek Canal No. 1 v. Stadler

ROSE, Justice.

In case No. 83-194, an appeal is brought by Pine Creek Canal No. 1 arising from a negligence action originally filed by landowner Nicholas Stadler to recover damages which resulted from the failure of the Pine Creek irrigation canal. Pine Creek Canal counterclaimed for damages to its irrigation ditch, alleging that Stadler negligently impaired its lateral support. Damages were stipulated and the case was tried to the court. The trial judge apportioned 45% of the negligence to Stadler and 55% to Pine Creek Canal No. 1, and awarded monetary damages to Stadler in the sum of $24,750.