Tanner v. Provo Reservoir Co.

WOLFE, Justice.

This is an appeal from a judgment of the Fourth District Court in and for Utah County. This is the second time this case has been before us. See Tanner v. Provo Reservoir Co. et al., 1931, 78 Utah 158, 2 P. 2d 107. Following our order remanding the case to the District Court, a new trial was had and this appeal is from the judgment entered at the conclusion of the new trial.

The point in issue is whether or not plaintiff is entitled to 5 cubic feet of water per second divertible from Provo River at the tailrace of the Utah Power & Light Company superior to the right of…