Reeder v. Brigham City

WADE, Justice:

Brigham City, a municipal corporation, appeals from a judgment enjoining it from diverting surface and percolating waters from Brigham City by means of man-made storm and drainage systems away from the natural drainage system for such waters and dumping them into respondent Frank O. Reeder’s private irrigation system. Brigham City also appeals from the judgment for damages in the amount of $1.00 plus costs of suit awarded respondent.

It is appellant’s contention that the court erred in granting damages because any action of the City was in its governmental capacity and therefore…