C.C. ANDERSON STORES CO. v. BOISE WATER CORPORATION

No. 8975.

372 P.2d 752 (1962)

C. C. ANDERSON STORES CO., Plaintiff-Respondent, v. BOISE WATER CORPORATION, Defendant-Appellant.

Supreme Court of Idaho.

June 22, 1962.


Attorney(s) appearing for the Case

J. F. Martin, C. Ben Martin, Boise, for appellant.

Davison, Davison & Copple, Boise, for respondent.


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...

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