Section 16.8 Intentional Release of Water From Dam
| Library | Tort Law 2016 |
2. (§16.8) Intentional Release of Water From Dam
The only Missouri case to examine this issue was Henderson v. United States, 965 F.2d 1488 (8th Cir. 1992). The widow of a fisherman swept away and killed when the Army Corps of Engineers released water from a dam filed a wrongful death suit under the Federal Tort Claims Act, 28 U.S.C. §§ 1291 et seq. After the trial court granted summary judgment for the United States, the Eighth Circuit examined whether operation of the dam constituted an abnormally dangerous...
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