City of Crossett v. Riles

George Rose Smith, Justice.

This is an action against the city of Crossett for breach of contract, a municipality not being suable in tort.

In 1961 the plaintiffs were living in a home near the city. In order to relieve a flooding problem the city obtained from the plaintiffs an easement, 30 feet wide, for a drainage ditch across the plaintiffs’ land. Through the years the city passively failed to keep the ditch in good repair. In 1975 a heavy rain caused the water in the ditch to overflow and rise to a depth of several inches within the plaintiffs’ house, with extensive property damage.

The…