Carter v. County of Hawaii

OPINION OP THE COURT BY

CASSIDY, J.

This is an appeal from a judgment in favor of the defendant, County of Hawaii, in an action for damages caused by the flooding of a residential building on plaintiff-appellant’s property opposite the county’s Eugene S. Capellas Park, formerly known as. the Puueo Park. The case was tried without a jury.

The flooding resulted from the rupture on plaintiff’s property, on December 9, 1954, of a storm drain having its main intake in the park. Similar breaks of the drain had occurred in 1949 and 1950. Claims for damages on those occasions were settled by compromise…