Mesa City v. Lesueur
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the County of Maricopa. F. H. Lyman, Judge. STATEMENT OF FACTS. This was an action by the appellees to recover damages from the appellant for the negligent flooding of a cellar warehouse, whereby the goods and merchandise of the appellees, stored in the cellar, were damaged and destroyed.
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APPEAL from a judgment of the Superior Court of the County of Maricopa. F. H. Lyman, Judge. STATEMENT OF FACTS. This was an action by the appellees to recover damages from the appellant for the negligent flooding of a cellar warehouse, whereby the goods and merchandise of the appellees, stored in the cellar, were damaged and destroyed. The principal undisputed facts of the case are correctly stated in the brief of counsel for appellees, as follows: “The city of Mesa in 1916 undertook to construct a city sewer system within the city. To this end the city entered into a contract with a…
1Opinion of the CourtBaker, J.
(After Stating tbe Facts as Above.)— Tbe only reasonable construction of the verdict in this case is that tbe negligence of tbe appellant in excavating tbe trencb from tbe main line of tbe sewer laid down in tbe middle of McDonald Street to tbe basement wall of tbe appellees ’ warehouse and insufficiently tamping down tbe loose earth returned to tbe trencb was the proximate cause of tbe damages to tbe appellees’ goods and merchandise. This is tbe negligence or fault charged in tbe complaint. It is maintained by tbe appellees that the uncontradicted evidence shows that when tbe irrigating…
2Cases cited3 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Crandall v. Consolidated Telephone, Telegraph & Electric Co.Arizona Supreme Court · 1912
- Phoenix Railway Co. v. BealsArizona Supreme Court · 1919
3Cited by12 opinions
- Nichols v. City of PhoenixArizona Supreme Court · 1949
- Tucker v. CollarArizona Supreme Court · 1955
- Crouse v. Wilbur-Ellis Co.Arizona Supreme Court · 1954
- Southwestern Freight Lines, Ltd. v. FloydArizona Supreme Court · 1941
- Valley Transp. System v. ReinartzArizona Supreme Court · 1948
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