Kind v. City of Seattle

The plaintiffs in these actions own and operate business properties in the vicinity of First avenue south and Yesler way, in Seattle. On January 17, 1954, a *486twenty-inch cast iron water main owned, maintained and operated by the defendant city burst at the intersection of First avenue and Yesler way and flooded the properties of the plaintiffs. Their suits against the city were consolidated and tried to the court, which found that the negligence of the city was not proved. The cause of the break of the water main was not shown. The court concluded that the city was liable, regardless of fault,…