TRUCKEE-CARSON IRRIGATION DISTRICT v. BABER

Nos. 4711, 4727

392 P.2d 46 (1964)

TRUCKEE-CARSON IRRIGATION DISTRICT, a corporation, Appellant, v. Ralph W. BABER, Jerry E. Jones, Elmer J. Flick, and Southern Pacific Company, a Corporation, Respondents. Ralph W. BABER and Jerry E. Jones, Appellants, v. TRUCKEE-CARSON IRRIGATION DISTRICT, a corporation, Respondent.

Supreme Court of Nevada

May 18, 1964


Attorney(s) appearing for the Case

Vargas, Dillon, Bartlett and Dixon, and Alex. A. Garroway, of Reno, for Truckee-Carson Irrigation District.

Leonard T. Howard, of Reno, for Ralph W. Baber and Jerry E. Jones.

Guild, Busey & Guild, of Reno, for Elmer J. Flick.

Woodburn, Forman, Wedge, Blakey, Folsom & Hug, of Reno, for Southern Pacific Co.


McNAMEE, J.:

On August 5, 1960, at 8:30 A.M., a Southern Pacific freight train was derailed near Fallon, Nevada. During the 12-hour period prior thereto a considerable amount of water overflowed the banks of a ditch under the control and management of Truckee-Carson Irrigation District. As a result of the escaping water the railroad tracks were washed out and this caused the derailment. Flick, Baber, and Jones, all railroad...

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