137 P. 635 | Utah | 1913
If is insisted that the court erred in overruling the motion for a nonsuit, for the reason that no negligence was shown. We have a statute (Comp. Laws 1901, section 1288x29) which, so far as material here, provides:
“The owner or owners of any ditch, canal, flume, or other water course shall maintain the same in repair, so as to prevent waste of water or damage to the porperty of others.”
This statute imposes upon the owners of canals or ditches used for irrigation the duty of exercising ordinary ea,re so
The reasons just stated also dispose of the assignment that the court erred in not directing a verdict for appellant.
The contention that the action was barred by our statute' of limitations is clearly untenable, and requires no special ■consideration.
We find no reversible error in the record, and the judgment therefore should be, and it accordingly is, affirmed, with costs.