Lubin v. City of Iowa City

— Plaintiffs brought this action in three counts against the city seeking damages for injuries sustained when a city water main broke, flooding the basement of plaintiffs’ store and damaging merchandise stored there. Count I was based on the doctrine of liability without fault announced in Fletcher v. Rylands (1866) L. R. 1 Ex. 265, Rylands v. Fletcher (1868) L. R. 3 H. L. 330. Count II was founded upon the doctrine of res ipsa loquitur. Count III contained allegations of specific acts of negligence. The trial court submitted to the jury' only res ipsa loquitur and the specific charge of…