City of Newport v. Rosing

CLAY, Commissioner.

After a consolidated jury trial the two plaintiff appellees each recovered a judgment for $17,000 against appellant, City of Newport, as damages for the destruction of their homes. On this appeal the city contends there are many reasons why the judgments are erroneous.

Plaintiffs each owned a modern home located in a residential section of the city on New Linden Road. The ground sloped to the rear and terminated in the channel of a creek on the plaintiffs’ properties.

In June of 1956, after a series of very heavy rainfalls, the creek flooded and the homes of residents who…