Hamilton v. County of Hawaii

OPINION OF THE COURT BY

STAINBACK, J.

This is a suit at law for damages filed by plaintiff against the defendant, the connty of Hawaii. The complaint consists of two counts. In the first count it is alleged that the county, by constructing a trench and dam, diverted the natural flow of surface water upon its land into a natural watercourse which cuts and runs through plaintiff’s land, which said surface water if not diverted would have flowed to Palai street away from plaintiff’s land, and that as a result of said diversion plaintiff’s land was flooded and damaged. The second count alleged the…