City of Tucson v. Apache Motors

PHELPS, Justice.

This is a case in which a number of persons, joined as parties plaintiff in an action against the city of Tucson to recover dam-ages alleged to .have been sustained by them as a result of water being cast upon their premises due to the closing of an adjacent arroyo and negligently failing to construct openings or conduits of sufficient size to adequately carry away the water which they say would otherwise have flowed -unobstructed down through the arroyo. Judgment was rendered in favor of plaintiffs from which this appeal is prosecuted.

The city of Tucson did the construction…