CARTER v. COUNTY OF HAWAII

No. 4174.

384 P.2d 308 (1963)

Anita CARTER v. COUNTY OF HAWAII.

Supreme Court of Hawaii.

July 19, 1963.


Attorney(s) appearing for the Case

Roy K. Nakamoto, Hilo (Pence & Ushijima, Hilo, of counsel), for appellant.

Cyril S. Kanemitsu, First Deputy County Atty. of Hawaii County, Yoshito Tanaka, County Attorney, for appellee.

Before TSUKIYAMA, C. J., and CASSIDY, WIRTZ, LEWIS and MIZUHA, JJ.


CASSIDY, Justice.

This is an appeal from a judgment in favor of the defendant, County of Hawaii, in an action for damages caused by the flooding of a residential building on plaintiff-appellant's property opposite the county's Eugene S. Capellas Park, formerly known as the Puueo Park. The case was tried without a jury.

The flooding resulted from the rupture on plaintiff's property, on December 9, 1954, of a storm drain having its main intake in the park. Similar...

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