City of Dixon v. Baker

This was an action of trespass on the case, brought against the city, to recover damages for flowing surface water upon the lot of plaintiff, by the raising of the grade of the street and sidewalk.

The proof shows that, by the elevation of the grade of the street, on the part of the city, surface water flowed into the basement of the house of the plaintiff, and thereby the building was injured and the walls cracked.

The broad ground is taken that municipal corporations are not liable for damages caused by such flowage of the surface water; that the damages are incidental, and they are not…