Summit Hill Associates v. Knoxville Utilities Board

TOMLIN, Judge.

The plaintiff has appealed from a judgment entered in the Circuit Court of Knox County, sitting without a jury, in favor of the defendant. The plaintiff seeks compensation for damages sustained by it when its construction site was flooded with water, resulting from a break in an underground water main which was located in one of the public streets in Knoxville and operated by the defendant as part of the water system of the City of Knoxville. The plaintiff’s appeal presents four issues for us to review: (1) the failure of the trial court to apply the doctrine of strict…