Van Alstyne v. City of Amsterdam

Plaintiff brings this action to recover for damage to his property caused by the going out on June 11, 1917, of part of a distributing reservoir dam maintained by defendant. Defendant contends that it is not hable for the reasons, first, that in maintaining the dam it was acting in a governmental capacity; second, that the giving way of the dam was caused by an unprecedented flood which it could not be expected to guard against, and was in effect an act of God; and third, that it adopted plans for the dam made by a reputable and competent engineer, that the dam was constructed in accordance…