Levy v. Salt Lake City
Utah Supreme Court
Appeal from the third district. The opinion states the facts. Sutherland & McBride, for the appellant, 'cited, on the question of the liability of the city, Thompson on Neg., 731-733, 738, 740, 741, 745 ; 91 IT.
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Appeal from the third district. The opinion states the facts. Sutherland & McBride, for the appellant, 'cited, on the question of the liability of the city, Thompson on Neg., 731-733, 738, 740, 741, 745 ; 91 IT. S. 540; 1 Black, 39 ; 4 Ohio St. 80; 6 Gray, 547; 5 Id. 110; 3 N. Y. 464. The power to control and regulate the use of the waters of the city is a police power, and the city is not liable, in the absence of a statute, for the wrongful or neglig'ent exercise of the power: 8 Met. 462 ; Cooley on Torts, 620; Elliott v. City of Philadelphia, 75 Pa. St.-; 13 Met. 297; 3 Cush. 121; 51 Cal.…
1Opinion of the Court
Twiss, J.:
The plaintiff in his complaint alleges that the defendant is a municipal corporation, organized by and under an act of the legislature of Utah; “ that under and by virtue of the power granted by defendant’s charter,[the defendant has taken the entire control and possession of all the flowing waters and the watercourses within its territorial limits; that on the first day of July, 1880, the defendant had exercised such control and possession, that by virtue of its ordinances it excluded all persons from any control over or interference with the abundant waters which were flowing in…
2Cases cited10 opinions
- Barnes v. District of ColumbiaSupreme Court of the United States · 1876
- Mower v. Inhabitants of LeicesterMassachusetts Supreme Judicial Court · 1812
- City of Detroit v. BlackebyMichigan Supreme Court · 1870
- Barton v. . the City of SyracuseNew York Court of Appeals · 1867
- Weightman v. Corporation of WashingtonSupreme Court of the United States · 1862
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3Cited by8 opinions
- DeBry v. NobleUtah Supreme Court · 1995
- Carson v. City of GeneseeIdaho Supreme Court · 1903
- State v. HutchinsonUtah Supreme Court · 1980
- Doenges v. City of Salt Lake CityUtah Supreme Court · 1980
- Levy v. Salt Lake CityUtah Supreme Court · 1887
3 more not listed; retrieve them via the Exa API.