Section 16.29 Dam Burst or Water Seepage
| Library | Tort Law 2016 |
1. (§16.29) Dam Burst or Water Seepage
The builder of a dam is not liable if a dam bursts because of any cause that could not have been guarded against by the exercise of ordinary care. Murphy v. Gillum, 73 Mo. App. 487 (E.D. 1898). Missouri and a majority of states find that it is lawful for a person to construct a reservoir or pond on the person’s property as long as the embankment is made sufficiently strong to retain water under all contingencies that can reasonably be anticipated. Id. Even Rylands v....
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