Legal Opinion

City of Tucson v. Hughes

Court of Appeals of Arizona

Decided April 3, 1975No. 2 CA-CIV 1749PublishedCited by 6 opinions

1Opinion of the Court

OPINION

HOWARD, Chief Judge.

In a trial before the court appellee was awarded the sum of $11,493.32 for damages caused by raw sewage backing up into her home. Viewed in the light most favorable to upholding the judgment of the trial court, the evidence shows that on April 8, 1972, at approximately 8:00 a. m., appellee’s daughter told her that one of the commodes in their home was bubbling up, and water was backing up into the shower. Appellee called the plumber. Two hours later the plumber had not yet arrived and by that time raw sewage had overflowed and covered the floors of her kitchen,…

2Cases cited14 opinions

  1. McCarthy v. . the City of SyracuseNew York Court of Appeals · 1871
  2. City of Portsmouth v. Mitchell Manufacturing Co.Ohio Supreme Court · 1925
  3. City of Birmingham v. NorwoodSupreme Court of Alabama · 1930
  4. White v. City of LovingtonNew Mexico Court of Appeals · 1967
  5. Floyd v. City of ButteMontana Supreme Court · 1966

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3Cited by6 opinions

  1. Georges v. TudorCourt of Appeals of Washington · 1976
  2. Cardoza v. Town of Silver CityNew Mexico Court of Appeals · 1981
  3. District of Columbia v. BillingsleyDistrict of Columbia Court of Appeals · 1995
  4. Hamilton v. StateCourt of Appeals of Oregon · 1979
  5. Creighton v. Town of WindsorSupreme Court of Vermont · 1990

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