PAC. NW BELL v. PORT OF SEATTLE

No. 42057.

80 Wn.2d 59 (1971)

491 P.2d 1037

PACIFIC NORTHWEST BELL TELEPHONE COMPANY, Respondent, v. PORT OF SEATTLE, Appellant.

The Supreme Court of Washington, En Banc.

December 16, 1971.


Attorney(s) appearing for the Case

Reed, McClure, Moceri & Thonn, by Hugh A. McClure and William R. Hickman, for appellant.

Schweppe, Doolittle, Krug & Tausend, by Thomas R. Beierle, for respondent.


SHARP, J.

The most important issue presented by this appeal, is whether the principle of liability without fault should be applied for damages caused by the rupture of a water main under the exclusive control of a municipal corporation.

On October 22, 1968, a pipe which formed a part of the fire protection system on terminal 18 of the Port of Seattle suddenly broke, and water from that break ran into a Pacific Northwest Bell Telephone Company manhole, damaging...

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