State v. California Packing Corporation

LARSON, Justice.

Was the demurrer to plaintiff’s amended complaint properly sustained? That is the only question presented by this appeal from the District Court of Weber County. Plaintiff commenced this action to recover for the loss of certain trout alleged to have been killed by the act of the defendant in polluting certain waters. The original complaint was in two causes of action: One founded upon the alleged violation of a specific duty, allegedly imposed upon defendant by statute; the other upon the theory of negligent conduct on the part of defendant. The District Court sustained a…