Jordan v. Mount Pleasant
Utah Supreme Court
Appeal from the Seventh district court, San Pete county. J. W. N. Whitecotten, Judge pro tern. Action by J. Jordan against the city of Mount Pleasant. Judgment for plaintiff. Defendant appeals. In the states where the common law rule with reference to surface water is held to be in force, it is also held that flood waters are surface waters and as such may be defended against. Shelbyville v. Green, 99 Ind. 205; Jean v. Pennsylvania Go., 36 N. E. Bep. 159; Howards.
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Appeal from the Seventh district court, San Pete county. J. W. N. Whitecotten, Judge pro tern. Action by J. Jordan against the city of Mount Pleasant. Judgment for plaintiff. Defendant appeals. In the states where the common law rule with reference to surface water is held to be in force, it is also held that flood waters are surface waters and as such may be defended against. Shelbyville v. Green, 99 Ind. 205; Jean v. Pennsylvania Go., 36 N. E. Bep. 159; Howards. Bes Moines, 62 la. 326; Railway Go. v. Keys (Kan.) 40 Pac. Bep. 275; Gass v. Bix (Wash.) 44 Pac. Bep. 113; Walker y. By. Go.,…
1Opinion of the Court
Zame, C. J.:
It appears from the findings of the lower court that Pleasant creek is a natural stream of water having its source in the mountains, and running westerly through the city of Mt. Pleasant; that its width varies from 8 to 12 feet; that its banks are perpendicular on either side, and from 2 to 12 feet high; that it held all its waters until *451a, flood in 1893, caused by a heavy storm, called a “cloud burst;” that in 1894 the city authorities, at a point 3 or 4 miles above Mt. Pleasant, at the mouth of the canyon from which the creek issues, constructed barriers, 4 or 5 feet high, with…
2Cited by8 opinions
- DeBry v. NobleUtah Supreme Court · 1995
- Lisonbee v. Monroe Irrigation Co.Utah Supreme Court · 1899
- Nahl v. Alta Irrigation DistrictCalifornia Court of Appeal · 1913
- Charvoz v. Bonneville Irr. Dist.Utah Supreme Court · 1951
- Johnson v. Burley Irrigation DistrictIdaho Supreme Court · 1956
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