Hanes v. Idaho Irrigation Co.
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Lincoln County. Hon. Edward A. Walters, Judge. Action to recover damages for failure to deliver water. 'Judgment for plaintiff. Corporations which supply water to their own members only are agents merely of the stockholders, and are not liable for damages for a failure to deliver the water to which a shareholder may be entitled.
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APPEAL from the District Court of the Fourth Judicial District for Lincoln County. Hon. Edward A. Walters, Judge. Action to recover damages for failure to deliver water. 'Judgment for plaintiff. Corporations which supply water to their own members only are agents merely of the stockholders, and are not liable for damages for a failure to deliver the water to which a shareholder may be entitled. (Wiel on Water Rights, 3d ed., sec. 1261.) Neither the Big Wood River Reservoir and Canal Co., Ltd., nor the Idaho Irrigation Co., is the owner of the water right, but is the mere agent of the parties…
1Opinion of the CourtSullivan, J.
This is an action to recover damages for the loss of certain fruit trees set out on the lands of plaintiff and the loss alleged to have occurred by reason of a failure of the defendant company to furnish water for the irrigation of said trees, as provided by contract.
The appellant corporation is engaged in the construction and operation of a system of canals and irrigation works in Lincoln county, for the reclamation of a large tract of land under the Carey Act, having entered into a contract with the state land board for that purpose on August 1, 1907. The respondent is a purchaser and…
2Cases cited2 opinions
- Grisinger v. HubbardIdaho Supreme Court · 1912
- Montgomery v. LockeCalifornia Supreme Court · 1887
3Cited by8 opinions
- Watkins v. Mountain Home Co-operative Irrigation Co.Idaho Supreme Court · 1921
- City of Twin Falls v. HarlanIdaho Supreme Court · 1915
- Harsin v. Pioneer Irrigation DistrictIdaho Supreme Court · 1927
- Parrott v. Twin Falls Salmon River Land & Water Co.Idaho Supreme Court · 1920
- Huschke v. Arcadia Orchards Co.Washington Supreme Court · 1916
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