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that year. Shortly thereafter. Roger Kid well testified, he found a locked (fate across the right-of-way when he went up the mountain ti; determine why the creek Iwas not flowing properly at the bottom. He said that he lifted the gate off its hinges to pass so he could reach the rear of their 25 acre lot. Kidwell added that he found “hundreds of tons of dirt moved to the creek bed,” blocking the flow of the stream that provided water for his cattle.
He told the court that subsequently he received a telephone call from Saltonstall inquiring if he had taken the gate off its hinges. According to his testimony, Saltonstall maintained that she had every right to erect the gate, action she’d taken
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