Coulsen v. Aberdeen-Springfield Canal Co.

BAKEB, District Judge.

The plaintiff seeks to recover the value of a pure-bred bull which died as a result of injuries sustained by him in falling into a waste ditch or spillway controlled by the defendant. Plaintiff alleged the defendant was negligent in failing to control the flow of water in the ditch so as to prevent the washing away of the land and in failing to fence for the protection of plaintiff’s livestock grazing upon his land through which the ditch runs. Upon the first trial a judgment of nonsuit was entered which was reversed on plaintiff’s appeal (39 Ida. 320, 227 Pac. 29).

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