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Show AMERICAN "FORrtiS , ' LOSER IN DITCH SUIT Supreme Court Hands Down Decision in Favor- of the Chipman Estate. DECISION IS IMPORTANT. Effort May Be Made to Recover Re-cover Amount of Judgement Judge-ment From Lehi Go1. in n decision handed down last Wod. ncsday by tho utato surpreme court in tho appeal of tho city of Amerl. ctin Fork from judgement rendered against it In tho action brought by Tl-.omns J. Chlpman and .Stephen W. Chlpman, as executors of tho estate of William Henry Chlpmandeceascd, to recover damages for Injury to certain cer-tain lands because of tho overflow, lng of n ditch several years ago, tho Judgement of tho lower court Is' sustained. sus-tained. In tho lower court the plain, tiffs woro awarded Judgement In tho sum of $725, which must now be paid, together with all costs. Tho total amount for which the city Is now llablo, as n result of tho suit, Is close to ?1,500. According to the history of tho caso, In tho spring of 1909 tho city ditch on Camp street overflowed dulng tho period of high water and a conuld. ernblo amount of gravel was washed over tho land owned by the. plain, tiff. Action for damages was brought against tho city of American, Fork, tho city of Pleasant Grovo and tho Lohl Irrigation and Canal rompany. Thcc aso was tried before, Judge, A., D. Morgan and was twice-taken Into the supremo court on appeal. DurthK tho course of tho various ratifications of tho caso tho. city of Pleasant Orovo nnd tho Lehi Irrigation Irriga-tion and Canal company woro ellmln. atcd as defendants, nnd American Foik fought tho caso alone. From, tho testimony It appears that two ditches were dug along Camp St., ono by tho Chluman's and tho othor by othor property owners, .both with. Jn a fow feet of each other. Tho city of Amorlcan Fork. It was alleged, dug out tho coro between tho,,,. two ditches, converting It lno ojo, .channel .chan-nel for water. Tho spring,, fjoods caused tho ditch to ovorf low. carry. lng tho gravel ovor tho Chlpman lands, It was maintained by tho plaintiffs that It wns tlio duty of tho city of American Fork to keep tho ditch clear of nil obstructions. This wnB contested by tho city attorney, but without avail. Tho caso Is considered of great Importanco as tho decision dlsposos of tho question of tho liability ,oJ ,tho city of American Fork to maintain In good repair all or tho ditches flowing outward from tho city limits, In favor of property owners outside tho corporato limits of tho city. Whether or not tho matter will be finally settled by tho decision of.,tho supremo rourt Is In doubt. Thero appeara to bo somo opinion that suit Bhould bo brought by tho city of Am. orlcan Fork against tho Lehi Irrlga. tlon and Canal company as responsible responsi-ble for tho damages dono to tho Chlpman lands. Marloneaux nnd neck of Salt Lake woro counsel for tho Chlpman Estato In tho suit. |