Peters v. Bowman

Peters v. Bowman, 115 Cal. 345, 47 P. 113 (1896). Opinion for the court: McFarland, J., concurring opinion: Henshaw, J. and Temple, J.

2. Statement of the Case This is a case about potential tort liability of a landowner when a minor child drowns in a pond situated on his property.

3. The Facts Bowman (D) owned and resided on the lot in question. In its natural condition, the lot's surface water flowed off and emptied into a pond two blocks away. Due to a street grading which created an embankment, the flow of surface water from the lot was prevented and thus formed a pond during the rainy season. On this account, Bowman (D) removed his residence from the lot to an adjoining county. Bowman (D) did nothing to create the pond or prevent water from flowing away. The lot was not enclosed by a fence or otherwise. Bowman (D) did not give

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Category: Government - P