Hession v. Mayor & Council
Superior Court of Delaware
This was an action on the case to recover damages for the flooding of a storehouse and premises with water which backed up from a public sewer by reason, as was alleged, of its incapacity to carry off the same. The .tacts were that on the 29th day of July, 1891, the plaintiff was the owner and occupyer of a storehouse and premises, No. 817 Lancaster avenue, formerly known as Front street, in the city of Wilmington.
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This was an action on the case to recover damages for the flooding of a storehouse and premises with water which backed up from a public sewer by reason, as was alleged, of its incapacity to carry off the same. The .tacts were that on the 29th day of July, 1891, the plaintiff was the owner and occupyer of a storehouse and premises, No. 817 Lancaster avenue, formerly known as Front street, in the city of Wilmington. From 1882 up to that time he had there conducted the business of a dealer in flour, feed, coal, hay, mill-feed and grain. On reaching his place of business that morning about 7…
1Opinion of the CourtLore, C. J.
(charging the jury.)
The plain tiff complains that the damage in this case resulted from one, or both of two causes.
First. The negligence of the city in permitting the sewer and its inlets, to be obstructed by sand, carelessly dumped on Lancaster Avenue for the purpose of paving the same, cobble stones, and other refuse, in such quantities that the rainfall was obstructed thereby and could not vent through the common outlet.
Second. Because the city, in pursuance of no general plan, but in detached portions, sometimes in the interest of private adjoining land owners, built these two sewers…
2Cases cited5 opinions
- Mills v. . City of BrooklynNew York Court of Appeals · 1865
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
- Johnston v. District of ColumbiaSupreme Court of the United States · 1886
- Carr v. Northern LibertiesSupreme Court of Pennsylvania · 1860
- Harrigan v. City of WilmingtonSuperior Court of Delaware · 1888