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NESTMAN v. SOUTH DAVIS COUNTY WATER IMPROVEMENT DISTRICT

No. 10121.

16 Utah 2d 198 (1965)

398 P.2d 203

LOTHAR NESTMAN AND MARILYN NESTMAN, HIS WIFE, PLAINTIFFS AND RESPONDENTS, v. SOUTH DAVIS COUNTY WATER IMPROVEMENT DISTRICT ET AL., DEFENDANTS AND APPELLANTS, GRANGER HUNTER IMPROVEMENT DISTRICT, AMICUS CURIAE.

Supreme Court of Utah.

January 14, 1965.

Attorney(s) appearing for the Case

Shirley P. Jones, Jr., Salt Lake City, for appellant.

Joseph Novak, Salt Lake City, for respondent.

Edward W. Clyde, Salt Lake City, for amicus curiae.

CROCKETT, Justice:

Plaintiffs sue the South Davis County Water Improvement District for damages caused to their home and its contents by flooding when the defendants' reservoir gave way. Upon stipulated facts the district court rendered judgment against the defendant District in the amount of $5,675.00.

The sole issue presented for determination on this appeal is whether the defendant Water District is protected from liability on the ground of sovereign immunity...

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