Levy v. Salt Lake City

Henderson, J.:

This cause is brought against the city for negligently permitting water to flow into plaintiff’s cellar and injuring his stock of goods. The case has once been before this court on the appeal of the present respondent, (3 Utah, 63, 1 Pac. Rep., 160), and in the opinion of the court delivered on the hearing of that appeal, and above referred to, the claims of the parties as stated in their pleadings are particularly set forth. The cause was again brought to trial in the third district .court, and the testimony for the°plaintiff tended to show the same state of facts set *303fortli in…