City of Tucson v. Koerber

STRUCKMEYER, Justice.

This is an action in damages for the negligent construction and maintenance of a culvert. It involves the same arroyo which has twice heretofore been before this court. City of Tucson v. O’Rielly Motor Co., 64 Ariz. 240, 168 P.2d 245; City of Tucson v. Apache Motors, 74 Ariz. 98, 245 P.2d 255, 260. Plaintiffs, appellees herein, after an extensive jury trial, recovered a judgment and the City of Tucson appeals.

Prior to 1925 there existed a natural arroyo running through the City of Tucson. Thereafter the city constructed a system of culverts which conducted underground the…