Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-03-09
THE DISTRICT COURT.
Another Case SpriEgIls Out Of Dis.
Duisd Boundary Line.
an ACnOS AGAINST THE CITY
Tie Damages are Laid at $4,000, aud
The Surplus Canal Is the
Cause.

IN Chic' Justice Merfilps court this
morning the days business opencd
WIN tho case Of George Canning Va
Sena Barton, Attorney Frank Pierce
appearing Tor the plaintiff and At.
iofnoy &. o. WblttomOre Tor the de-
iendant. Il was au action IN elect.
mob'--auoihcE Of thoiu llapulca arising
OUT ola recent lani survey In this city,
Piainliii tho owner Of part ofio. 3.
block o., plat "a ,"silt Lake CITY Hur.
voy, aud alleged that on Oct. STD, 1899,
tue dCioudant, without right OF title,
entered into possesiiln Of tho same,
olsici him thcfoifom and aull unlnw.
fully holds IT, Damages Tor this were
claimed In tho tum Of $500. together
with 500 as tho value Of renu; cost, OF
suit, olc.
In her answor the de'ondsDllputs ia
denial Of thu plaintiti's claim.
AZ three y. IN. the hearing was Ia
progfcir.
ann CITY AGAIN SUED.
The nrEt case on call Is that Of Peter
+. Cos vs Salt Lake CITY, an action for
damages, IA which the sum Of sos, 900
ia claimed by the pIainiln, Tor whom
Attorney Richards aud Moyle appear.
The defendant corporation IL fopfe.
scented by City Attorney Hoge.
Co.'s Is The owner of ihu cast hall OF
The southwest quarter VI auction Aa.
township nOrtu Of range wesi, ana
lot uud 3, section ., township 1
south OF Iange l west, salt Lake meri.
ilsui upon when dwelling.house
barn, otc., stand. Siuce the year 1875
defendants have been la possession OF
sup OF land about four rocs wide
nud iofty long, running through
plhinlu'a urea, aud on which there 10
stream Of wafer knnwn ~ the sufplus
canal, Plaiutiil's dwelling In located
near the bank OF this steam aud his
lani lice On both slides " Il. During
tho spring VI 1899 ths defendants con.
tliucicI a sewer from this city 10 a
point nuAr Ills PROMISES, aud from about
lhp munth OF May ia shat year until
now have conveyed tho city sewage
through such sewer sud dischargol !.
Into tho surplus canal 10 b point ada.
cent 10 his dwelling aud upou his land.
Mi. Cora avets that this ''so-cailed
canal" Is neither natural stream nor
an sttificial channel constructed 10
convey water, but that from tbs place
where the sewage l. difclHrrod into
the canal, through bis laud, the canal
consists Of Rserles " natural holl1ws
which afu from ten % forty rods IN
Wldihi that the canal hhs but little
ialli 30 that the water bows very
slowly and tho sewage matter dis
through the sewer has
settled In tue bottom OF the
canal, where II runs through his
picmlheFi az well us nj other places on
each sllt Of his land 10 n depth Of
several inches, inAtcad OF flowing
through the canal. Because Of the
discharge OF tue sewage into this de.
iocliNo canal ho stated that nuisance
has teen accustomed causing "noxious
aud o1enslyc smells" which have
TAINTED uui corrupted tho atmos-
phrte," rendering the promises IN
question totally unnt for habltatiou,
Ilnintln to abandon Inc
same ana prevented their rental. Ii
Il also cot forth that the property,
through the cause set forth, has couse.
lupnuy become greatly DEPRECATED In
value, "0esidcH iniufing the live
stock and other thinga thereou.D
u addition 10 tho damages asked for,
llaintlh prays for an injunction 10.
the defendants from tho
urther use Of the canal.
On the part Of the defendant cor.
loration an almost general denial IL
.lVon 10 the allegations made by the
ilAintin.