Cooper v. City of Seattle

The opinion of the court was delivered by

Gordon, J.

The appellant entered into a contract with Spurr & Wilmot to improve and pave a certain street in the city of Seattle. While engaged in that work the contractors excavated under a certain water main, removed the earth from around it, and thereafter filled up the excavation. As a result of such excavation and removal of the earth which supported it, the main burst, causing water therefrom to flow into the cellar of respondents, damaging their goods. This action was brought to recover from the city the damages so sustained. There was a verdict…