Legal Opinion

Challis Irrigation Co. v. State

Idaho Court of Appeals

Decided October 15, 1984No. 13531PublishedCited by 31 opinions

1Opinion of the Court

ON PETITION FOR REHEARING

This opinion supersedes our prior opinion issued January 10, 1984, which is hereby withdrawn.

BURNETT, Judge.

This case presents a question of causation. We are asked to decide whether there is substantial evidence to support a jury finding that improper maintenance of a fish screen in an irrigation canal caused a break in the canal wall. This issue is raised by the State of Idaho, Department of Fish and Game, which installed and maintained the screen under a license granted by the Challis Irrigation Company, owner of the canal. The State had a contractual duty, under…

2Cases cited13 opinions

  1. Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
  2. Graham v. AsburyArizona Supreme Court · 1975
  3. Pilmer v. Boise Traction Co.Idaho Supreme Court · 1908
  4. Henderson v. Cominco American, IncorporatedIdaho Supreme Court · 1973
  5. Quincy v. JOINT SCHOOL DIST. NO. 41, ETC.Idaho Supreme Court · 1981

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3Cited by31 opinions

  1. Lanham v. Idaho Power Co.Idaho Supreme Court · 1997
  2. Fussell v. St. ClairIdaho Supreme Court · 1991
  3. Edmark Motors, Inc. v. Twin Cities Toyota, Inc.Idaho Court of Appeals · 1986
  4. Earl v. Cryovac, a Division of W.R. Grace Co.Idaho Court of Appeals · 1989
  5. Needs v. HebenerIdaho Court of Appeals · 1990

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