Tuengel v. Stobbs

This is an action to recover damages caused by flooding of the plaintiffs’ property. It was caused by two breaks in the dike which held back the flood waters of the Pilchuck River. The breaks were at points adjacent to operations by the defendants who were engaged in dredging gravel from the river bed and stock-piling it in the river.

The action was based on the theory of res ipsa loquitur. At the conclusion of the plaintiffs’ case, the trial court found that there was no evidence which would justify a factual conclusion, as to the cause of the break in the dike, and dismissed the action.

The…