Bullivant v. City of Spokane

The opinion of the court was delivered by

Dunbar, J.

This is an appeal from a judgment of the court sustaining a demurrer to the complaint for damages against the city of Spokane and others brought by the parents of one John V. Bullivant who was drowned in the Spokane River. The substance of the complaint is that while the city of Spokane was constructing certain water works through the agency of the Eslick, Ferguson & Bayley Company, they constructed a false dam in the river, and that by reason of the construction of said false dam the water of said river, which had usually flowed between the…