Show in the cao of vs salt lake tha met in salt lake saturday and reversed the case of george r vs salt lake cil at al tried before juge smith at bovo povo in the lower court beav alleged that ha was the ovner o acres of land on the east shore lake and that the defendants wrongfully wrone fully and against rights erected nu merona daar jordan river near aba outlet of the ake which cabied the lateia of the latter to me coir teet and nine inches above ita natural level and over 1324 acres of said laud iha hay aal pasturage theiron the to plaintiffs damage in the bum of it was further that the land had over since ban wet and swampy and rendered useless and value laes to plaintiffs further iu the aum of lo 10 conclusion aaa out that the enjoyment of bis dwelling housa haa been interfered with to his damaia in ibe sum of and beut for a bum of the that was the owner of the property and alio denied all other material allegations of the complaint aa a furtner defense the defendants allej rod that in 1885 they entered into a contract with plaintiff and others by which they acquired the richt to maintain danis in the jordan river and raise the waters ot biah lake 39 inches above the natural level and that they paid plaintiff and others for the privilege the cage wai tried before judae smith at bravo pravo and the jury returned a verdict in favol of the plaint iH for the defendants defend anta then moved tor a new trial and the motion beinar overruled they appealed to tha supreme court justice bartib pandered ran dered tha opinion of the court with chief justice merritt concurring upon the principal ground that tha aae was tried upon a different theory in tha comb below than that stated in the complaint and that an affirmation of the judgement jud gement would manifestly the of the secured to them by tha terms of the rant which was beet op by their answer the court also found that the defendants had right to raise the waters ot utah lake 3 feet and 3 inches above low water mark |