Cobia v. Roy City

HENRIOD, Justice.

Appeal from a judgment on the pleadings in favor of Roy City, an industrial city of about 10,000 population. Affirmed. No-costs awarded.

Our concern is whether an incorporated city is liable for damage resulting from a sewer stoppage on a theory of 1) negligence or'2) nuisance, in an isolated case, where the question pointed up is whether operation of a sewer is governmental or proprietary. Under the facts of this case, and because of what we have said before, we think the result is the same whether it is urged on negligence or nuisance grounds. We express no opinion as to a…