Thorpe v. City of Spokane

Citations

• 78 Wash. 488
• 139 P. 221
• 1914 Wash. LEXIS 1049

Syllabus

<p>Waters and Water Courses — Natural Course — Surface Drainage. An old1 dry channel is not a natural water course, where it appears that water never flowed therein except when the ground was-frozen and the snows melted, the channel carrying only surface water occasioned by freshets.</p> <p>Municipal Corporations — Improvements-—Grading Streets — Liability. Abutters are not entitled to damages resulting from the initial grading of streets and alleys, the dedication implying authority to improve the streets.</p> <p>Waters and Water Courses — Surface Waters — Obstructions—■ Damages. Surface water being an outlaw and common enemy against which any proprietor may defend himself, a city is not liable for the collection of surface water caused by the initial grading or improvement of a street.</p> <p>Municipal Corporations — Improvements—Grading Streets — Damages. A city in making street grades, having constructed sufficient culverts to carry off surface waters, is not liable to abutters if other property owners filled up their property and prevented the water from passing off through the culverts.</p>