Fidelity & Casualty Co. v. City of Seattle

The opinion of the court was delivered by

Dunbar, J.

Spurr and Wilmot, contractors, under their contract with the respondent, the city of Seattle, in preparing Front street and Yesler way in the city of Seattle for paving, uncovered the water main on Yesler way in front of what is known as the Olympic block belonging to the estate of L. M. Starr, deceased. While engaged in tearing down a foundation wall, they caused a large piece of concrete to fall upon the water main by reason of which the pipe burst, and a large volume of water, carrying dirt and gravel, was forced against the front of the…