Nesbitt v. City of Butte

Action for damages for injury to real and personal property caused by water precipitated onto plaintiffs’ premises. The amended complaint alleges that prior to June 14, 1941, the defendant city made certain installations and additions to a storm sewer owned and controlled by it, including the construction and installation of a catchbasin at a point opposite plaintiffs’ dwelling house, and storm sewer lines and surface gutters connected with the catchbasin; that prior to the installation of such catchbasin and sewer lines the surface waters, during heavy rainstorms, flowed harmlessly by, or…