N.M. LONG & CO. v. CANNON-PAPANIKOLAS CONST. CO.

No. 8999.

9 Utah 2d 307 (1959)

343 P.2d 1100

N.M. LONG & COMPANY, A CORPORATION, AND MAGGIE J. SMITH, PLAINTIFFS AND APPELLANT, R. KAY MOWER AND MRS. M.H. MOWER, PLAINTIFFS IN INTERVENTION AND APPELLANTS, v. CANNON-PAPANIKOLAS CONSTRUCTION COMPANY, A PARTNERSHIP, EDWARD HOLMES, AND GRANT JENSEN, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

September 17, 1959.


Attorney(s) appearing for the Case

Mark, Johnson, Schoenhals & Roberts, Salt Lake City, for appellants.

Ray, Rawlins, Jones & Henderson, Salt Lake City, for respondent.


CROCKETT, Chief Justice.

The plaintiffs sued for damages and for injunctive relief based upon the claim that the defendants in draining and conditioning their land had drained water from the adjoining lands of the plaintiffs. From adverse judgment the plaintiffs appeal.

The attack upon the judgment poses these questions: (1) Does the evidence compel a finding that the draining of the defendants' land caused loss of water from the land of the plaintiffs; and...

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