City of Tucson v. Wondergem

MOLLOY, Chief Judge.

This is a second appeal from a wrongful death action brought against the City of Tucson for a death arising out of the flooded condition of a public street after a heavy rain on October 22, 1961. Previously, this court, City of Tucson v. Wondergem, 6 Ariz.App. 570, 435 P.2d 77 (1967), affirmed the granting of a new trial for the reason that an “act of God” instruction was given in the first trial.

On retrial, a substantial judgment was rendered in the plaintiff’s favor and this appeal questions whether it was proper to give a “sudden emergency” instruction, whether it was…