Charvoz v. Bonneville Irr. Dist.

HENRIOD, Justice.

This is an appeal from a judgment of the Davis County District Court entered on a no cause of action verdict. The judgment is reversed and the cause remanded for a new trial, each party to bear its own costs on appeal.

Plaintiff cites as error the giving and failure to give instructions hereinafter discussed.

Defendant has operated and maintained a cement canal, reinforced by earthen banks, since 1921. Water is pumped into the canal from a river below. A storm of unusual severity occured in 1947. A segment of the canal passing over a gulley, which latter was drained by a 3 foot…