Armstrong v. Luco

Citations

• 102 Cal. 272
• 36 P. 674
• 1894 Cal. LEXIS 633

Syllabus

<p>Negligence—Defective Draining of Waste Water—Injury to Adjoining Proprietor.—The owner of a lot is liable to the owner of an adjoining lot for damage done by defective drainage pipes used in carrying away water from the roof of his building, and waste water coming from the building, where he has knowledge, or the fair means of knowledge, of such defects.</p> <p>Id.—Notice of Defects—Question of Fact.—Whether the owner of the lot upon which the defective drainage pipes are used has knowledge, or fair means of knowledge, of the defects, is a question of fact for the jury to determine, and its determination will not he reviewed upon appeal where there is evidence to sustain the verdict.</p> <p>Id.—Duty of Owner to Convey Water to Sewer.—The water upon a city lot arising from rain, or from any cause originating on the lot, should be conducted by the owner thereof, if he wishes to have it removed, directly from it to a sewer or other place for the receipt and discharge of the same, and not turned or led onto an adjoining lot without the consent of the owner.</p> <p>Id.—Collection of Rain Water—Obligation For Sufficiency of Pipes. When the owner of premises collects the water which naturally falls upon the same, and conducts it by a pipe to his drain, he undertakes that his pipes shall he sufficient, and shall continue so, as to an adjoining neighbor.</p>