Watkins v. Mountain Home Co-operative Irrigation Co.
Idaho Supreme Court
APPEAL from tbe District Court of tbe Fourth Judicial District, for Elmore County. Hon. Jas. R. Bothwell, Judge. Action for damages for failure to furnish water. Judgment for plaintiff. Where a jury disregards the evidence and renders a verdict in- favor of a party not entitled thereto, the case should be reversed, and where the evidence is insufficient to support findings or verdict, then the verdict or judgment must be reversed.
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APPEAL from tbe District Court of tbe Fourth Judicial District, for Elmore County. Hon. Jas. R. Bothwell, Judge. Action for damages for failure to furnish water. Judgment for plaintiff. Where a jury disregards the evidence and renders a verdict in- favor of a party not entitled thereto, the case should be reversed, and where the evidence is insufficient to support findings or verdict, then the verdict or judgment must be reversed. (Commercial Bank v. Lieudllen, 5 Ida. 47, 46 Pac. 1020; Work Bros. v. Kinney, 7 Ida. 460, 63 Pac. 596; Thomas v. Pocatello P. & Irr. Co., 7 Ida. 435, 63 Pac. 595;…
1Opinion of the CourtLee, J.
This is an action to recover damages alleged to have been caused by the failure of appellant to deliver water during the irrigation, season of 1914, in accordance with the terms of its water deed, which it executed to respondent. The complaint alleges that appellant is a corporation, doing an irrigation business in Elmore county, Idaho; that in January, 1913, respondent purchased from it a perpetual water right for fifty acres of land; that by the terms of the conveyance appellant was required to deliver two acre-feet of water for each acre of land, during the irrigation season of each year…
2Cases cited26 opinions
- Fleenor v. Oregon Short Line RailroadIdaho Supreme Court · 1909
- Just v. Idaho Canal & Improvement Co.Idaho Supreme Court · 1909
- Swift v. MulkeyOregon Supreme Court · 1886
- City of Wyandotte v. GibsonSupreme Court of Kansas · 1881
- McClary v. StullNebraska Supreme Court · 1895
21 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Bratton v. SliningerIdaho Supreme Court · 1969
- Cochran v. GritmanIdaho Supreme Court · 1921
- CC Anderson Stores Co. v. Boise Water CorporationIdaho Supreme Court · 1962
- Ellis v. Ashton & St. Anthony Power Co.Idaho Supreme Court · 1925
- Towne v. Northwestern Mutual Life InsuranceIdaho Supreme Court · 1937
17 more not listed; retrieve them via the Exa API.