Show FOURTH DISTRICT COURT logan answers a complaint for Da damages mazes some same time ago charles 0 johnson brought enit suit against logan city for damages alleged to have been caused to his property by an anover over aliw of the aran river brought about by an embankment built by the city to protect nabah neighboring boring far farms ma and properties yeat yesterday e aday the city by evans rogers filed an answer with clerk mcclare mcclure of the fourth district court the defendant denies that the logan river at all times keeps within the confines of its banks bat but on the contrary alleys alleges that at divers times the stream flows in great and uncontrollable able torrents overflowing over flowing ita its banks and changing its bed from place to place and on the day mentioned in tho tile tho the ordinal complaint overflowed over flowed in many directions among others over and upon the land now claimed by the plaintiff denies that prior to may 1891 plaintiff at a great cost of labor and money anade wany improvements on the eaid said land by erecting g bui pl antine trees and grass and constructing a halt half mile race track for the pur joae of establishing a pleasure resort also that the plaintiff bai has ever done a profitable or any business upon the premises by means of people re resorting 9 thereto for pleasure or refreshments denies that said logan city in the ep 1 I ng ot of 1891 or at any other time constructed an embankment embank sent or levee acres the logan ilan river near the property of the pl plaintiff i abiff except such work as was proper and necessary for the preservation of property adjoining eaid said river and with a due regard for the rights and protection of the property of individuals owning land in that vicinity and denies that the embankment at any time when whey the river Is high of 01 otherwise forces the me water over or upon the premises land or race track of plaintiff to such an extent that it in any way covers or washes away any portion thereof also that said embankment was ever made and constructed by tho the defendant for the purpose ol 01 turning eaid said i nver river out of df its ancient bed or that it did BO so turn the tile waters out or does at any time keep the stream oat out of ita its original channel in further answering tho complaint the defendant alleges that the logan river er Is a natural stream having its source in the wasatch mountains and dafang high water beacon season contains an I 1 immense B e volume of water which flows flown along t the bouthern Bouth boundary ol 01 I 1 be the city of logan in the vicinity of the lands described in the complaint comp aia I 1 that the said stream rushes down fro from the monn moun taina with uncontrollable able force and causes large embankments embank menta of earth and gravel to bo be cut out and carried along thereby filling up the channel causing the water to ovet overflow flow on the adjoining joining ed land the defendant fart further er alleges that if it the plaintiff has been injured by any overflow of water it has been caused wholly without the control of said defendant or without its concurrence in doing or performing any act contributing to euch such injury and that bad it not been tor for work and labor properly performed to said river to prevent injuries to adjoining property owners the river long prior to tho the bringing of this action would have flowed over and upon the farm of said plaintiff devastating and ruining ru 1 ning the same and also would have cat M out larger and new channels across the lands of other people who are citizens of said city in conclusion the defendant alleges that the plaintiff Is not a resident of igan L city nor does be he own land in the limits thereof nor is it incumbent upon it to protect the lands of said plaintiff in the cage case of henry IV owens vs corey bros A co an action brought to recover 1000 damages alleged to have been caused by reason of the tile defendants I 1 forcibly 0 entering noon the land lands belonging to the plaintiff lor for the purpose of constructing a canal or water ditch an answer was hied filed denying all the allegations set forth in the complaint |