Chipman v. American Fork City
Utah Supreme Court
Appeal from District Court, Fourth District; Hon. A. B. Morgan, Judge. Action by Thomas J. Chipman and Stephen W. Chipman, as executors, against the American Fork City and others. Judgment of nonsuit. Plaintiffs appeal.
1Opinion of the CourtStraup, C. J.
The plaintiffs were non-suited and appeal. The action is brought to recover damages to real property alleged to have been caused from waters overflowing a ditch or canal along a street in American Fork City. It is grounded on negligence, failing to keep the ditch or canal free from obstructions. The non-suit ivas granted on the theory that no legal duty was shown on the defendants or either of' them to maintain the ditch or to keep it in repair or free from obstructions.
American Fork creek has its source in the mountains about six miles from American Fork City. The creek courses southwesterly…
2Cited by4 opinions
- Davis v. Midvale CityUtah Supreme Court · 1920
- West Union Canal Co. v. Provo Bench Canal & Irrigation Co.Utah Supreme Court · 1949
- Chipman v. American Fork CityUtah Supreme Court · 1919
- Brian v. Fremont Irr. Co.Utah Supreme Court · 1947