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DOUGHERTY v. CALIFORNIA-PACIFIC UTILITIES COMPANY

No. 13854.

546 P.2d 880 (1976)

Ron DOUGHERTY and Judith A. Dougherty, his wife, Plaintiffs and Respondents, v. CALIFORNIA-PACIFIC UTILITIES COMPANY, a corporation, Defendant and Appellant.

Supreme Court of Utah.

February 24, 1976.

Attorney(s) appearing for the Case

Durham Morris, and Joseph E. Jackson, of Cline, Jackson & Mayer, Cedar City, for defendant and appellant.

Patrick H. Fenton, Cedar City, for plaintiffs and respondents.

CROCKETT, Justice:

Ronald and Judith A. Dougherty sued California-Pacific Utilities Company, to recover for damages for the flooding of their home and adjuncts thereto by the overflow of defendant's canal. Trial to the court resulted in findings and judgment in favor of the plaintiffs in the amount of $896.27. The defendant appeals, contending: that the evidence does not support the finding that it was negligent, nor that it proximately caused the plaintiffs' damage...

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