Ted Allen and D.P. Hathaway v. Burggraf

Two rural landowners, Ted Allen and D.P. Hathaway, sued a highway construction contractor, Burggraf Construction, for damages allegedly resulting from alteration of an irrigation ditch. The district court -- sitting without a jury -- dismissed the action after the landowners had presented their evidence. The court determined, in a memorandum decision and in an order disposing of post-trial motions, that the evidence failed to show liability on the part of the contractor. On appeal the landowners raise two issues: (1) Was the landowners' evidence sufficient to survive a motion for involuntary dismissal? (2) Did the district court abuse its discretion by declining to reopen the case so that the landowners could introduce further evidence? Because each question is answered in the negative, we uphold the court's order of involuntary dismissal.