Price v. City of Akron

Braxton Price sued the city of Akron to recover damages for injury to his premises, arising from the flooding of the same; he claiming that said flooding, at intervals over a period of four years, was caused by the negligent construction and maintenance by said city of a storm water sewer or conduit in the street upon which his premises abutted.

The trial court determined as a matter of law that the city was not liable for damage resulting from its alleged negligence in the construction of the sewer, and submitted to the jury the question whether or not the city was negligent in the…