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CITY OF TUCSON v. HUGHES

No. 2 CA-CIV 1749.

23 Ariz. App. 350 (1975)

533 P.2d 561

The CITY OF TUCSON, a Body Politic, Appellant, v. Melissa B. HUGHES, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 7, 1975.

Attorney(s) appearing for the Case

Chandler, Tullar, Udall & Richmond by Richard Davis, Tucson, for appellant.

John Wm. Johnson, Tucson, for appellee.

OPINION

HOWARD, Chief Judge.

In a trial before the court appellee was awarded the sum of $11,493.32 for damages caused by raw sewage backing up into her home. Viewed in the light most favorable to upholding the judgment of the trial court, the evidence shows that on April 8, 1972, at approximately 8:00 a.m., appellee's daughter told her that one of the commodes in their home was bubbling up, and water was backing up into the shower. Appellee called the plumber...

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