Wood v. City of Tacoma

Citations

• 66 Wash. 266
• 119 P. 859
• 1911 Wash. LEXIS 1056

Syllabus

<p>Waters — Diversion—Surface Waters — Damages. There is no liability for increasing the flow of surface water upon the land of another, where it is not cast upon the land in a concentrated and destructive body.</p> <p>Municipal Corporations- — Improvements—Damages to Property —Original Grades — Surface Waters — Diversion. A city not being liable to property owners for damages from the original grading of streets, under Rem. & Bal. Code, § 7815, and surface water being an outlaw and common enemy against which any one may defend himself, a city is not liable for damages from the impounding upon lots of surface waters through the construction of fills in streets and alleys in making initial grades.</p> <p>Same. Surface waters discharged through a manhole in a sewer upon lots in a diffused form as it would have flowed in any event do not render the city liable for damages.</p> <p>Municipal Corporations — Improvements—Damage to Property— Negligence — Liabilitt—Surface Waters. A city is not liable for temporary damages occasioned by negligence in making initial grades in streets and alleys, whereby surface water was impounded upon plaintiff’s lots, where the plaintiff had reasonable notice of the city’s intention to make the fills impounding the water and opportunity to defend her property by draining off the water or filling the property.</p>