1880
Smith v. City Council of Alexandria
Supreme Court of Virginia
74 Va. 208
Landowner had property at the corner of two streets. Drainage ditches on each side conveyed runoff to the intersection. City graded streets and raised their level, which filled up the ditches and the lot flooded, causing damage. Landowner brought action for damages against City for work negligently done. Trial court sustained demurrer and Supreme Court reversed. Whether it was negligence to fill the ditches or fail to create substitute ditches were factual matters to be determined at trial. If work was not done in a proper and skillful manner, City was liable for all damages not necessarily incident to the work.
Summary prepared by Judge Jonathan Apgar, 23rd Judicial Circuit in Virginia, for the William & Mary Property Rights Project, Marshall-Wythe School of Law, William & Mary ©2019.
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