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LUBIN v. IOWA CITY

No. 51346.

131 N.W.2d 765 (1964)

Jack LUBIN and Cele Lubin, Appellees, v. IOWA CITY, Appellant.

Supreme Court of Iowa.

Rehearing Denied February 8, 1965.

Attorney(s) appearing for the Case

Wayne C. Collins, of Shuttleworth & Ingersoll, Cedar Rapids, for appellant.

Arthur O. Leff, of Leff & Leff, Iowa City, for appellees.

STUART, Justice.

Plaintiffs brought this action in three counts against the city seeking damages for injuries sustained when a city water main broke, flooding the basement of plaintiffs' store and damaging merchandise stored there. Count I was based on the doctrine of liability without fault announced in Rylands v. Fletcher, L.R.I.Exch. 265 (1866) L.R. 3HL 330 (1868). Count II was founded upon the doctrine of res ipsa loquitur. Count III contained allegations of specific...

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