Show THE CASE provo city sued for sand dollars damage yesterday afternoon the case of john B milner vs provo city was called up for hearing before judd judge in the first district court mr milner claims that the city without his consent and against his protest during tho whole of the irrigating seasons of the years 1887 and 1888 undertook to exclusively regulate control and distribute all the waters oi the east union ditch to the use of which he claims he had certain rights and as a result did arbitrarily wrongfully and negligently deprive him of the greater portion of the water to which he was entitled at times when liis crops were in great need mr malaer also claims that at times when the water in said ditch was not needed for irrigation the city negligently caused large bodies ef the same to flow through said ditch into the ditches and over the lands of said plaintiff flooding and damaging his crops and undermining liis land and dwelling house and washing out large underground channels in the land doing damage to the amount of one thousand dollare for which amount mr milner sues mr milner also wants the city enjoined from in any manner depriving him of the amount of water reasonably necessary to irrigate twenty five acres of land and to cease calusine the water to flow into any of his ditches or over any part of plaintiffs land thurman sutherland king represent the city and milner booth the plaintiff the case was in progress when we went to press |