Rehwalt v. American Falls Reservoir District 2

DONALDSON, Justice.

American Falls Reservoir District No. 2, hereinafter referred to as American Falls, owns an easement, consisting of a right of way for an irrigation canal and maintenance roads on either side, that traverses the farmland of respondents LeRoy and Eunice Rehwalt.

On August 15, 1973, the Rehwalts loaded 480 bushels of wheat onto the ten-wheel truck of their son-in-law, respondent Calvin Jones. As Eunice Rehwalt was driving the truck on the maintenance road on the east side of the canal, the edge of the road gave way and the truck toppled into the canal. The Rehwalts lost the…