Legal Opinion

Dahl v. Salt Lake City

Utah Supreme Court

Decided March 26, 1915No. 2587PublishedCited by 13 opinions

Appeal from District Court, Third District; lion. T. D. Lewis, Judge. Action by Eric Dahl against Salt Lake City, a municipal corporation. Judgment for plaintiff. Defendant appeals. STATEMENT OF FACTS. Plaintiff brought this action to recover damages for injuries to his crops alleged to have been caused by seepage water from defendant’s canal arising on his land and on other lands farmed by him.

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Appeal from District Court, Third District; lion. T. D. Lewis, Judge. Action by Eric Dahl against Salt Lake City, a municipal corporation. Judgment for plaintiff. Defendant appeals. STATEMENT OF FACTS. Plaintiff brought this action to recover damages for injuries to his crops alleged to have been caused by seepage water from defendant’s canal arising on his land and on other lands farmed by him. The complaint, which contains several causes of action, was filed August 21, 1912. It is alleged, among other things, that Salt Lake City, in the years 1908, 1909, 1910, and 1911, owned and operated a…

1Opinion of the CourtMcCARTY, J.

(after stating the facts as above).

1, 2 It is contended on behalf of the city that the claims, the subject-matter of the action, come within Comp. Laws 1907, section 312, and, as the reply of plaintiff admits that no claim for damages was filed with the city authorities, as required by that section, the action is barred by the provisions of Comp. Laws 1907, section 313. On the other hand, it is vigorously contended by respondent that the action does not come within the purview of section 312, and hence is not barred by section 313, supra. In support of the latter contention the case of Brown…

2Cases cited1 opinion

  1. Brown v. Salt Lake CityUtah Supreme Court · 1908

3Cited by13 opinions

  1. Greenhalgh v. Payson CityUtah Supreme Court · 1975
  2. Hurley v. Town of BinghamUtah Supreme Court · 1924
  3. Wall v. Salt Lake CityUtah Supreme Court · 1917
  4. Berger v. Salt Lake CityUtah Supreme Court · 1920
  5. Gordon v. Provo CityUtah Supreme Court · 1964

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