Show New ew Tri Trial ri l Granted I in in Irl Irrigation n Suit The supreme court on Tuesday ina In Ina a a. divided opinion Justice J J. J E E. Frick dissenting granted ranted a a. neW trial in the case of ot W. W I L. L Jenkins against Lottie M. M Stephens p i In which Jenkins Jenkin Bought sought Judgment n B In t th the defendant for the alleged wrongful construction of a dam darn or dike dUce across a water course near the east eastline line of ot the property prope of Mrs Stet Stephens hens and Immediately west of the property of JenKins The construction construction con con- of said da Um It Is alleged caused water wate to flood the la lands of Stephens to to his damage The Tho ion lon was by Justice Valentine Gideon The case The case w was h heard In n the e district strict b by a Jury court ourt of Weber county y Judge George Geprge S S. Barker presiding and Judgment was In favor of Jen I kin kips kins Mrs 1 Stephens appealed to the higher court from decision I 1 Justice Gideon n. n holds that errors al alleged alleged al- al by the h appellant are such that the Judgment t U Of f the trial should be reversed ard a new trial granted Such Is the order In concluding his dissenting OJ oin- oin In- In ton lon Justice 7 7 T E E. E Frick says sas I am utterly unable to conceive any le legal legal le- le gal or Adequate reason upon which to base Due a. a conclusion that the de defendant defendant de- de did not wale waive the service of notice of or decision and therefore I lam Iam am dissent from the conclusions conclusions con con- I of my rpy associates |