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CITY OF TUCSON v. WONDERGEM

No. 2 CA-CIV 342.

6 Ariz. App. 570 (1967)

435 P.2d 77

The CITY OF TUCSON, a municipal corporation, Appellant, v. Jennie WONDERGEM, surviving spouse of Peter Wondergem, deceased, Appellee.

Court of Appeals of Arizona.

Rehearing Denied January 15, 1968.

Review Denied February 20, 1968.

Attorney(s) appearing for the Case

Gordon S. Kipps, City Atty., Frederick S. Dean, Asst. City Atty., Tucson, for appellant.

Rees, Estes & Browning by William D. Browning, Tucson, for appellee.

MOLLOY, Judge.

This appeal reviews the action of a trial court in granting a new trial after a jury verdict in favor of the defendant, City of Tucson, in a wrongful death action.

The litigation arises out of a flash flood occurring in the Arroyo Chico, a main tributary of the much-litigated Tucson Arroyo.1 The plaintiff's deceased met his death around 10:30 p.m., on August 22, 1961. The watershed drained by this particular arroyo...

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