Johnson v. Salt Lake County Cottonwood Sanitary District

HENRIOD, Justice.

Appeal from the dismissal of an action alleging breach of contract by defendant in negligently allowing sewage to back up into plaintiff user’s basement. Affirmed with no costs awarded.

The District was organized under Title 17-6-1, Utah Code Annotated 1953.

Plaintiffs urge that the District did not enjoy sovereign immunity from suit, and is liable for breach of its contract because of negligent operation of its facilities. The pleading sounds in ex contractu, supplemented as a reason for breach, the negligence of the District, — a tort action. In this connection, we refer the…