Billups v. Utah Canal Enlargement & Extension Co.

The appellant, as plaintiff, brought an action in the. district court of Maricopa County against the appellee, as defendant, to recover damage for the injury caused to plaintiff’s (appellant’s) land, crops, and stock by the breaking of the canal owned and operated by the appellee, and the consequent flooding of the plaintiff’s premises. The complaint alleged that "the defendant, while operating and *213carrying water in the said canal, grossly neglected to keep the banks of said canal in proper repair to carry water therein, and did manage said canal and water therein in such a grossly careless…