Ronkosky v. City of Tacoma

Citations

• 71 Wash. 148
• 128 P. 2
• 1912 Wash. LEXIS 711

Syllabus

<p>Municipal Corporations — Streams—Obstruction—Detective Culverts — Liability op City. Where a fill and culvert is constructed across a natural water course, the city must make adequate provisions to care for the water of the stream, including ordinary freshets that could reasonably be anticipated, and is liable for damages to property where, after notice that the culvert had become inadequate through decay or obstructions, it failed to remedy the defect.</p> <p>Same — Surface Waters — Drains—Duty op City. A city having constructed an adequate culvert to drain off surface water, must exercise reasonable care to maintain the same in a suitable condition to perform its function.</p> <p>Same — Streams — Obstruction —■ Action por Damages — Negligence — Question por Jury. Where a city culvert became clogged up, obstructing a natural stream until buildings were floated in forty-five feet of water, allowing the water to go out with a rush when the city cut away a cribbing, demolishing the buildings, whether the city was negligent in causing the water to go out with unnecessary suddeness, and the damages suffered thereby, are questions for the jury.</p>