[Download] "Wm. M. Harris and Virginia M. Harris V." by Supreme Court of Idaho No. 10100 " eBook PDF Kindle ePub Free
eBook details
- Title: Wm. M. Harris and Virginia M. Harris V.
- Author : Supreme Court of Idaho No. 10100
- Release Date : January 02, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Owners of a home adjacent to an irrigation canal brought this action against the canal's owner, an irrigation company, for
damages allegedly caused by negligence in permitting water to flow into the basement of their home. The court found "water
flowing in the basement was the result of increased flow in the canal and seepage through the banks into the basement," and
attributed the situation to the "fault of" the canal owner. The court awarded damages and granted an injunction against maintaining
the canal "so as to further flood Plaintiff's basement." Appeal from that judgment. We find no error in the court's award
of damages and so affirm that part of the judgment. The injunction order, however, is too broad and as such is an abuse of
discretion; it must be dissolved. The following facts appear from the record. Respondents' home near Preston, Idaho, has a westerly boundary running immediately
beside appellant's levee type (raised) irrigation canal. The canal was constructed in 1882 and in 1939 or 1940 had its last
major overhaul. Respondents' home was substantially remodeled in 1955; a garage and new rooms were added and a basement made
of concrete was built under the new parts of the home. The new basement rooms were a large bedroom, a den, a furnace room
and a fruit room. The fruit room was the most westerly of the new basement rooms and its westerly wall (concrete) was common
with the old house's underground portion that now is used as a root or potato cellar. This small cellar, about six by eight
feet, had three dirt walls (the fourth was its easterly wall common with the fruit room) and a dirt floor. This root cellar
was the underground part of the home that was closest to appellant's canal.