City & County of Denver v. Strafacia

This is an action to recover damages resulting from the flooding of plaintiff’s lands and crops, allegedly caused by the defendant city’s negligence. Trial resulted in a verdict for plaintiff, and the city seeks a reversal of the judgment entered in due course.

We have heretofore considered two similar cases growing out of the same flood: Denver v. Talarico, 99 Colo. 178, 61 P. (2d) 1, and Denver v. Pilo, 102 Colo. 326, 79 P. (2d) 270. The waters involved in those cases, and in the instant proceeding, overflowed from the South Platte River at the same point, at the same time, and upon and over…