| Show iviL CIVIL SUIT SUIT PRECEDENT Case on Trial at Richfield Involves j Questions Never Before Ar Argued Argued Argued gued in Utah Special to The Richfield Feb 1 Judge court Is now occupied with the trial of ofa ofa ofa a case which s likely to establish a prece precedent precedent dent in civil suits In this state in that no other case of record in Utah is Just like It It involves the question of the right of ot parties to provide against flood floodwaters floodwaters floodwaters waters from summer freshets in directing said waters away from their lands The case comes up from Salina Sauna and involves something of ot the history of the subduing of the lands on the west side aide of the Sevier Se Sevier Sevier vier river About twelve years ago a flood oc occurred occurred occurred during the summer which carried debris over the fields of ot several Salina farmers chief among the sufferers being James S Jensen then bishop of Salina SaUna and E B W V Crane one of the present county commissioners They had fields of ripened grain ready for the harvest i when the flood came and destroyed every vestige of their crop and covered their I fields to a 8 depth of from one to four feet with rocks soil and driftwood Steps I were immediately taken to prevent a recurrence re recurrence recurrence currence of this by taking a force of men I and teams to a point above the highest cultivated land and throwing up an em embankment embankment embankment diverting any future floods into a wash which had been made by flood floodwaters floodwaters floodwaters waters and thus carrying the waters to the Sevier river In the years that followed this wash has become a great gully from ten to twenty feet in width and averaging about ten feet in depth The Vermillion Vermilion Exten Eaten Extension Extension sion ston canal and the Rocky Ford canal both cross this wash at a distance of half a amile amile amile mile apart Two years ears ago another big flood came down the West Vest mountains and the water In great gr at volume swept down the wash The timbers forming the cul culvert culvert culvert vert under the upper canal were washed out and the flood carried these down un until Until til Ul thy they lodged ledged against the culvert under the Rocky Ford canal The waters over overflowed overflowed overflowed flowed the adjoining fields and did con considerable considerable considerable damage to the lands of ot Samuel Jorgensen and Charles Nielsen These Thes men are now suing to recover from the Rocky Ford Canal company because of the damage done their land They allege that the canal company was responsible in not providing a sufficient space under their canal to take care of ot the flood wa waters waters waters Incidentally the question of the right of the farmers to turn the flood waters into the natural wash is brought into question The are all agreed as asto asto asto to the facts in the case and it is a ques question question question tion of ot the responsibility of the canal company to provide against flood which can in no way be foreseen or prevented Witnesses have been examined for both sides and the case has consumed several I days das It is being tried without a Jury and court will adjourn today toda to enable the Judge to visit the scene and look over the ground E B E B Hoffman is attorney for the plain plaintiffs plaintiffs plaintiffs tiffs and Judge Jacob Johnson appears for the canal companies |
