Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-09-23

| uotnunnnt.
| Complaint.
Tho plaintiff complains and alleges
/. That the defendant Is, and at all tho
times hereafter montioncdwas,amu municipal
corporation organized and existing under
the laws Of Utah Territory, In tho county
Of salt Lake and Territory of Utah.
II. That the plaintiff is, and at all tho
times hereinafter mentioned wa.. tho
owner aud in possession Of the
following described land aud prem
isos and Of certain dwelling
house, barn aud other improvements
situated thereon. Tho said premises
being bound and described A. follows,
to-wit. All OF tho cast half Of the south
west quarter Of section thlriy-two l32l IN
township one a., north OF range one a.
west. aud lots two o. and threo C3) Of
section five 90, town ship one ~ south or
range one ~ west, Of the salt Lake NOR.
idian, United States survey.
III. That ever since tho year 1875 tho
defendant has been NE ownor and in tho
possession Of a certain strip Of land about
ANhA NAN AWhN MNAt nHl ANNNN wv hWhH
long, running through plaintiffs said
premises, and that certain stream Of
water known as the "Surplus Cinap is
situated thereon, that the plaintiffs
dwelling house Is located near the bank
Of raid stream and about six ,0l rods
thorcfrom, tho plaintiffs land lying on
both sides Of said canal.
~. That during tho spring Of $50,
the defendant made and constructed a
sewer from salt Lake City to APPOINT near.
the plaintiffs said promises, and froii1,
about tho month OF May. 1900 till the
present time 1t has conveyed the sowagd
from said salt Lake City through said
sewer, and discharged the same into tho
said ''surplus chnAlr at point near
plaintiffs promises and dwolling,and the
said sewage matter has been conveyed by
said canal onto plaintiffs land. That the
said so-oallod canal Is Mother natural
stream nor an artificial channel con-
structcd TO convoy water, but from
tho place where tho sewage IL
discharged Into tho canal (through
plainnn's land, tho canal consists
Of sorie- Of natural hollows,
which nro from ton rods to forty rods In
width, that tho canal is an open stream
and has but iiulo fall. so that the walor
therein flows very slowly, and the sowor
matter discharged therein by said defend
ant through said sewer has settled In the
bottom of said canal whore 1t runs
through plaintiffs promises, as well as
a. other places on each sido OF his said
land, TO "A depth ofsevoral lnchos, instead
ofilowing through tho canal that tho said
canal ls. and all the times mentioned In
this complaint was, wholly unsuitable
aud unit TO receive the said sewage and
carry tho samo away, aud that It was and
is totally unit for the said purposes for
which II has been used by the defendant,
that by reason Of the dOion dnnts caro-
loSsness and negligence In tho construc-
ton and maintenance OF said sowor
and canal, and because Of tho discharge
Of said sewage into said UNI, and lofoc-
tive canal. the defendant has created and
maintained nuisance and has caused
noxious and offensive smells, and has
tainted and corrupted tho atmosphere so
rs to render tho dwelling house and
promises OF the plaintir unit for habita-
tl~n, and has compelled plaintlii to move
from and abandon the same, and has
thereby prevented him from renting or
otherwise receiving any income there
from, and has greatly deprecated the
value Of his said promises and caused IT.
reparable injury thereto, besides injurlng
tho live stock and other property Of tho
plainhii thereon. Tina, by reason Of tho
said acts Of tho defendant tho plaintiff has
boon damaged In tho sum OF twenty-five
thousand dollars.
Wherefore plaintiff prays Judgment:
1. That the said nuisance DO abaied and
the defendant restrained by injunction
from maintaining or using said canal, to
the nuisance oftho plaintiH, or permitting
II 10 DO so used.
.. That the plaintiff recover from the
defendant twenty-five thousand dollars
damages and his costs.
We learn from Mr.. Goes that the
eflluvlum near hls place Arising from
the sewage Is unbearable. He has not
only been compelled to vacate the
premises, but has had 10 abandon all
cultivation Of his land there and all
care OF the place, for no living being
can stand the stencil. He and his
family had to remove from II. Persons
sent TO take care OF the premises re.
turned and refused 10 remain. Men
employed TO work there had to decamp
aud bring away the teams. for nothing
could endure the horrible nuisance.
Mr.. Gloss Is n reliable citizen. He
had valuable place near the surplus
canal until the sewer discharge
ruined Il. During the boom he was
offered 1856, 900 for II but held II at u
higher figure. Today It is compira.
lively worthless. lie has engaged the
ELL cient services Of Richards and
Mjyle, the popular attorneys, and they
think he has very strong case. This
refers not no much to the force OF the
odors around his premises IA to the
cause he has for legal action.
How many other suits tho city win
have To meet II tho nulsancos are not
abaled, aud some efficient means ia not
soon provided to dispose OF the sewage,
We are not prepared even TO guess at.
Something ought to DO done to remove
Al