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RODRIGUES v. STATE

No. 4833.

472 P.2d 509 (1970)

Vincent E. RODRIGUES, Jr. and Adaline Rodrigues v. STATE of Hawaii.

Supreme Court of Hawaii.

Rehearing Denied September 3, 1970.

Attorney(s) appearing for the Case

Ronald Y. Amemiya, William H. Yim and Walton D.Y. Hong, Deputy Attys. Gen., Honolulu (Bertram T. Kanbara, Atty. Gen., Honolulu, on briefs), for appellant.

Frank D. Padgett, Honolulu (Padgett, Greeley, Marumoto & Akinaka, Honolulu, of counsel), for appellee.

Before RICHARDSON, C.J., ABE and LEVINSON, JJ., and HAWKINS, Circuit Judge in place of MARUMOTO, J., disqualified, and LAURETA, Circuit Judge, in place of KOBAYASHI, J., disqualified.

RICHARDSON, Chief Justice.

In a suit instituted under the State Tort Liability Act, judgment was rendered against the State of Hawaii and in favor of Mr. and Mrs. Vincent E. Rodrigues, Jr., for damages caused to their home by surface waters overflowing a blocked drainage culvert.

Mr. and Mrs. Rodrigues are owners, as tenants by the entirety, of a houselot located in an improved subdivision at Olowalu, Maui. The subdivision is in a flood plain bounded on the...

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