CC Anderson Stores Co. v. Boise Water Corporation

TAYLOR, Justice.

Approximately 1:30 a. m., June 12, 1959, a break occurred in defendant’s (appellant’s) ten inch water main on 9th street, between Idaho and Bannock streets, in Boise. Water from the ruptured main flowed down Idaho street, over the sidewalk, and into the store building owned and occupied by plaintiff (respondent), damaging merchandise and other property therein.

The main had been laid in 1890, about four and one-half feet beneath the surface of the street. The pipe was purchased by defendant under the trade name of Kalomine, which was composed of wrought iron alloyed with a…