Spitzer v. City of Waterbury

The complaint alleged that the defendant, as incidental to its duty of maintaining its streets, provided storm water sewers, that one of these sewers discharged into the bed of an old stream which was covered over, and that after a heavy rainfall the stream overflowed through a catch basin in front of the plaintiffs’ house, discharging water into the street which ran into the plaintiffs’ cellar, causing damage to their property. The complaint set up two grounds of action: First, that the city negligently failed to maintain the stream in a clean and unobstructed condition so that it could…