Gates v. Pickett & Nelson Construction Co.

SPEAR, Justice.

In plaintiff’s third amended complaint, the first in which the Idaho Board of Highway Directors was made a party to the action in addition to Pickett & Nelson Construction Co. as defendants, the theory of, and the basis for, plaintiff’s action is set forth in paragraphs IV and V, as follows:

“IV.

“That the defendants surveyed and relocated the plaintiff’s existing water ditch and hauled in or caused to be hauled in new dirt building a ditch on top of the ground at a higher elevation and installing a small siphon under the new highway and delayed and caused delay in the delivery…