Follett v. Taylor Brothers ( 1956 )

On Denial of Petition for Rehearing

SMITH, Justice.

Respondents in their petition for rehearing direct attention to the Court’s opinion which refers to the record as showing in effect that the high waters of Raft River recede by May 1st or during that month. Respondents urge that the trial court found in accordance with the evidence, “That the flood or high water period begins during the month of April, and flood or high waters begin to recede from the 1st to the 20th day of June of each year, depending upon the amount of snow in the mountains, the precipitation and the nature of the season. That in ordinary seasons all of the high water has passed by July 1st.”

The testimony of the various witnesses, in effect, is as follows:

The high water period runs through April with no high water after the forepart of May; there is high water early in the spring during April; there is high water until the latter end of May, sometimes up until June, or likely into June, but never up to the first of July; the high water period is usually during May or until the 10th or 15th of June; high water is in May and part of June, up until the middle of June or 20th of June.

The record shows that the high waters of Raft River recede variously during the month of May, or by early or middle of June but not later than June 20th, depending upon the amount of snow in the mountains, the precipitation and the nature of the season. The portions of the opinion to which respondents object are corrected as last above set forth. Such correction in no wise affects the balance of the opinion or the conclusions therein. Petition for rehearing denied.

TAYLOR, C. J., and KEETON, PORTER and ANDERSON, JJ., concur.