Harvey Dalton and Marilyn Dalton v. Salt

HOWE, Justice: Plaintiffs brought this action against the defendant Salt Lake Suburban Sanitary District to recover damages caused when a sewer line owned and operated by the Sanitary District became clogged, causing sewage and debris to back up and enter unoccupied dwellings owned by the plaintiffs. The action was based on negligence and breach of contract. The trial court dismissed both claims because the complaint was filed beyond the one-year statute of limitations provided for in U.S.A., 1953, § 63-30-15 (part of the Utah Governmental Immunity Act). The issue is whether that statute of limitations applies to either the negligence claim or the contract claim.