(DOWNLOAD) "Adeline Barden Mclean v. City Spirit Lake" by Supreme Court of Idaho No. 9893 " eBook PDF Kindle ePub Free
eBook details
- Title: Adeline Barden Mclean v. City Spirit Lake
- Author : Supreme Court of Idaho No. 9893
- Release Date : January 27, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
Adeline Barden McLean, the plaintiff-respondent, owner and operator of the Fireside Lodge, a lakeside tavern and resort, instituted this action against the City of Spirit Lake, defendant-appellant, seeking compensatory damages allegedly occasioned by the interruption of water service from the city-owned water system to the Fireside Lodge, and also punitive damages. The defendant city, a city of the second class, by its water system furnishes water for use of the inhabitants of the city, including the Fireside Lodge, which is within the city limits. The case was tried before a jury on the issues framed by plaintiff's complaint, and the defendant's answer which generally denied the allegations of plaintiff's complaint, without interposing any affirmative defenses to the action. At the trial, evidence was introduced reflecting that during a period of extreme cold, commencing about December 17, 1964, the defendant city abruptly shut off the supply of water to the plaintiff's premises without notice to her, which interruption in service continued for a period of about two weeks, resulting in freezing of the plumbing and fixtures and flooding of the premises, causing the damages which led to this action. The defendant city introduced evidence tending to show that the shut-off of the supply of water to plaintiff's premises was necessitated by the breakdown of one of the city's two pumps supplying the system, and that the water previously channeled to plaintiff's premises was diverted temporarily to the other users of the community.