Hale v. McCammon Ditch Co.

On Rehearing

KEETON, Justice.

After filing the opinion in this matter, a rehearing was granted, supplemental briefs were submitted, and the case was reargued.

Respondents contend that if the evidence were insufficient to sustain a finding that the McCammon Ditch Company owned the laterals, it was likewise insufficient to sustain a judgment that the respondents owned them.

The complaint specifically alleged “that the defendant corporation (appellant) is the owner of the main canal and laterals whereby the water decreed as above set forth is diverted from the Portneuf River *491and is conducted to and…