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Show MGE FRIDAY, NOVEMBER 26, THE DAILY RECORD FOUR In The Supreme Court Of The State Of Utah a Keilii Anderson, flamtn: Trust Deeds Financing Statements 800 Wm Dennis Jorgensen etux to West Mtge 16 OCC 2980 MajSc 275612 - Lennls K & Gisela Som mer, 4577 W 5100 S, Kearns to 802 Gary Thornley etu:; to and Respoi.deiu, 3268 S 4000 W FILED November 19, 1971 Pleasant Grove Irrigation Company, et al. , ; L. M. Cummings, Clerk Defendants and Appellants. Appeal by defendants from a judgment in a case sounding in negligence of plaintiff's property. Affirmed with costs allegedly resulting in to plaintiff. This, because we conclude that, contrary to defendants' urgence that there was no material evidence to support the judgment, we believe that there was, which obligates us, under familiar concepts of appellate review, to sustain the arbiter of the facts if there is any substantial, believable and admissible evidence favoring his studied conclusion. ' Such facts fairly may be abstracted as follows: The defendant company delivered water to its stockholders under the direction and supervision of the wa:ermaster who notified the sharedefendant Gillman, - its the.ii al !he for of time "tun." i.nii.g the water. Plaintiff was not a holders stockholder nor a user of the company's water, par: of which ran in front of his property in a ditch used by the company for its transportation. The plaintiff said that two days before the flooding in question, he himself averted a flood that was lapping at his garage, and that thereupon he had called Gillman and advised him of the situation, in what appears to have been a suggestion born of frustration and unrequitable irritation, that legal action would be indulged if there were any further flooding problem. There had been some before, about which Gillman had cognizance. Two days later a neighbor called plaintiff in the wee hours of the morning, apprising him of the happy circumstance that his basement, without benefit of any reveille, unceremoniously was being inundated. Testimony was admitted to the effect that a heavy volume of water overflowed headgates and culverts upstream which had been unparalleled for many years and which was, - as one put it, - "fantastic. " Other evidence, if believed, reflected an overcapacity flow considerably in excess of that which the company and Mr. Gillman knew might well d mage one's property below, - all of which might have been avoided if a duty to close the main headgate at point of origin had been employed. Other related facts pointing to compensable negligence could be pointed up, which would ser e no useful ' purpose save for cumulative effect. Defendants earnestly contend that neither the company nor its servant, Mr. Gillman, had any duty to see where the water went, since that was the duty of the stockholders, aftr notice of thei- "turns" was given them. They admit the damage but not any liability because one of its shareholders, who may have been dead for aught we know, did not cake his "turn" - but passed the water. We cannot subscribe to such contention, since it connotes some kind of concept that an irrigation company and its watermaster may indulge the luxury of inoculation against liability by the simple device of sending a registered or unregistered letter, or bv making a telephone call, if you please, to its stockholders. Also it seems to say that a primary duty not to injure others can be dissipated by an unwarranted and unieyal delegation ol that obligation .r halv wan-inn " ,hich may drrwr. ore-sel- f. order to immerse one So saying, we are constrained to flee from the scholarly rhetoric of the upon the line distinctions between "res ipsa loquitur parties here that touches and "negligencia" lest we indulge in the world of "ad infinitum. " E. R. Callister, Jr., 823 Max B Clark etux to Lkht Th 3,000. 275617 - Robert & Iris Kirby, 2832 E 4430 S, SLC to City Fin Yale Then 3809 Loretta 838 James A Guadnola Jr etux Phone 487-065- Three Fountains 1397 South Main - Margaret E Wolfley, 564 8, SLC to Century Accept Cons Goods. All Corp; 852 Wm Carl Wangeman etux to West Sav 10, 800. 821 E 17th S 275623 - Herman 721 Laconlo Ct, 861 275622 E 6 S 862 Ernest B Rees Jr Cont Bk 2, 491. 56 Fin Corp; hhg. 275625 - Paul & Vckl 4937 Lake Pines Dt, etux to to 1171 886 Rodney N Dailey etux to McGhie Land 16, 000. 706 R Clair Drury etux to West Sav 20,700. 731 711 Wayne C Dow die PFS 20,600. etux to 4310 S 13th W 713 Lyle M Catlett etux to PFS 74, 850. M Otikason to 1st Sec Bk 18,000. 445 E 9800 S 244 E Clark 709 Harold R Dallon etux to 1st Sec Bk 27, 450. 2(29 St Mary's Evelyn H McDonald etux to Bk 14,700. Valley 6110 T E Michael W Jones etux to - 947 Ditto st Nat ceeds. Bridgewater Aye Oriole Mary Lettig, SLC Reporting Ser, to Commercial Sec Bk; All inventory & Pro- 275675 - Frank Belcolori, 132 Fern Dr, Mdvl to Val Bk & Trust 275633 - Brent 1674 S 400 E, Bk; hhg. L L1ttlefleld, N Bntfl to Davis 2419- - ftfoo opQU 275603 SLC - Aviation Inc, to Valley Bk &' Trust Key AMF-6- ambdmflninuHiin 3, Co; Equip, Engine. 5946 Johnson Town F & Cir, Judy Mur Inds Fin; hhg, Rings. QsaftanHOadb ffiHdJni) man (tth? Am cfiniasai sob. Ha-u- to 10 OogpOQnOtfoitti 275611 - Christian 3195 S & 275636 - Denton C Rees, 54 W .250 N, Clearfield to Cleafleld St Bk; Snowmobile. 788 James Larson etux to Park, 4193 to Bene Fin Co; 275674 - Pulley's Custom Manuf, 3232 W 8600 S, SLC to Zions Fir- Violet 760 Donald M Bagley etux to Tracy Collins Bk 19, 600. West Mtge 17,500. Donna - Gilbert 451 E 3 S, SLC Bk; Machines. Financing Statements W & SLC 275673 - Greenig - 952 Ditto 275610 - Randy & Patty Hope, 120 S 3 E, 307, SLC to Town Inds Fin Co; hhg. Gilmer - Lee - John Scott Horsley, 2991 to Fid Inds Cre; hhg. 275664 - carl Fielding, 3260 Highland Dr, SLC to Skyline Dinettes; Furn. 275642 E, 778 Ronald S Mac field etux to Valley Bk 30 000. Salt Lake 1471 275630 S 6 752 Roy K Malde etux to West Mtge 17,700. 2770 E 4135 S hhg. to City Fin Co; hhg. 275609 - Dennis & Regan Johnston 1852 Lake St, SLC to Town Inds Fin Co; hhg, Rifle, Rings. 28 000. - Betty Jane Perry, 126 S, SLC to Bene Fin Co; 275639 Plateau 774 Alvin H Keller to Valley Bk 8,000. Salt Lake Tracy Mtge Loan; hhg. 275638 - Johnny M & Corinne Pacheco, 1789 N Y Dr, SLC to City Fin Co; hhg. 000 Ray E Paskett etux to Miller & Viele 4, 500. 2909 E Little Cottonwood Gunderson Poulsen, to Mur hhg. 937 Reed F Robinson etux to 1st Sec Bk 16, 000. 4443 S 1300 W to GAC Commonwealth 1987 17 barker Rd, 993 Thomas P Callister etux 772 Ray Barton etux to 1st Sec Bk 16,000. & SLC 275629 3130 S 4180 W 2418- - 716 Norma & 275628 - Harry R & JoAnn Stout, 4326 Jupiter Dr, SLC to Mur First Thrift & Ln; hhg. 989 Manuel T Quintana etux to Zions 1st Nat 7,100. 5865 Sanford Trust Deeds - Gene Buccaneer Dr, First Thrift 868 Horace S Snyder etux to Cont Bk 60- 000. 3245 S 6th E 15, 250. 673 3rd Mur G, Fin Corp; hhg. HH 275627 2418- - S 520 Sharpies 5-- 275626 - Tome & Jackie Malm, 2646 Hall Cir, Granger to Mur First Thrift & Ln; hhg. 863 Merlin E Phillips etux to Cont Bk 4,082.40 2356 E 6660 S Ruscell SLC 275624 - Jame & Patricia Glenn 436 S 13 E, SLC to Household 4074 B oo thill 915 Linda Ulibarri to Fid Inds & Cre; hhg. Mae L Roberts to PFS 7,200. 2815 Salt Lake City, Utah 84115 Erwin Accept Corp; hhg. 987 Wm Scott Hoge etux to Comm Sec Bk 5,000. latlg Pccorh 5 S 844 Paul M Halliday etux to United Sav 33,300. 3986 Lares 10492 1 - 1082 275621 - Wm & Loretta Gates, 5348 Kenwood Dr, SLC to Century 840 L Jay McHenry etux to Murray St Bk 10,000. 5058 275620 & Louise Mantwlll E, SLC to Century Acceptance Corp; hhg. to PFS 17,550. 4539 Knights Bridge 953 Daniel J Hooton etux to West Mtge 16,000. For the service lawyers and secretaries like hhg. 275619 - Fenton G & Dawna Quinn 4412 Fortune Hy, SLC to City Fin Co; hhg. 951 Quick Service Printing ( on 950 Grover & Jackson Bldrs to 1st Sec Bk 12, 500. 1871 London Plane let us help you with Dorothy Thompson SLC to City Fin & Ray 830 Richard L Zakotnik etux to 1st Sav 20 500. 941 Need Help With Your Briefs? 5245 S, E 275618 - Phillip & Sarah Dun-y4928 S 4980 H, SLC to City Fin Co; hhg. 3181 J. Allan Crockett, Justice - 1020 825 Leland F Hathaway etux to Zions 1st Nat 34, 5C0. 1566 S Wasatch R. L. Tuckett, Justice Ellett, Justice 275616 Co; 940 Ditto A. H. Rita Murphy, to City Fin Cs; & hhg. 939 Morton Investto 1st Sec Bk 12,500. Chief Justice John 2 W, SLC Co; hhg. - WE CONCUR: - 806 Paul H Laver etux to 1st Fed Sav 22,000. 5183 S 935 E 1720 HENRIOD. Justice; Fin Ser; hhg. AVCO 275615 3789 S PFS 17,500. No. 12005 v. 1971 ge, |