Payette County ID Archives News.....Noble Ditch Gets Verdict April 22, 1904
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Patty Theurer seymour784@yahoo.com February 10, 2006, 2:31 am

Payette Independent April 22, 1904
Payette Independent
Payette, Idaho
April 22, 1904

NOBLE DITCH GETS VERDICT

Jury Refuses to Grant Damages to Stuart on Second Hearing of Important Case.

In the retrial of the case of Scott Stuart vs. The Noble Ditch Company at 
Caldwell the first of the week a verdict was granted for the defendant.  The 
case was tried before Judge Price, sitting for Judge Stewart, the latter being 
a shareholder in the ditch company.

As will be remembered by many, Stuart, who is a well known Falk’s Store 
ranchman, sued the Noble Ditch Company for damages sustained by his land by 
reason of seepage water from the canal, the jury having returned a verdict for 
the defendant.  On appeal the judgment was reversed and the case was remanded 
for retrial under certain rulings respecting the admission of testimony.  In 
the retrial this week about thirty witnesses were examined, the verdict, as 
stated, having again been for the defendant.  

The result of the retrial is of much importance inasmuch as it is probable that 
much additional litigation of the same nature would have been brought on had 
the damages been granted.  


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