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SNOW v. CITY OF COLUMBIA9/23/1991
Heard Feb. 18, 1991; Decided Sept. 23, 1991.
Rehearing Denied Oct. 31, 1991.
This is an action in tort for damage to real property. Donald and Judith Snow sued The City of Columbia for damage to their residence caused by the discharge of water from a water main owned and maintained by the City. They alleged causes of action for negligence, trespass, and strict liability. They made no claim for nuisance. The case was tried before a jury. At the close of the evidence, the judge directed a verdict for the City on the negligence claim. He then directed a verdict for the Snows on the trespass and strict liability claims. The jury awarded the Snows $5000.00 in actual damages. The City appeals. We reverse and remand.
The evidence showed the Snows built a house in 1985 at 122
On January 11, 1987, the Snows discovered water standing in their basement. Further investigation disclosed water was seeping through a crack in the foundation wall of the house. A few days later, Mr. Snow found water bubbling from the ground near his water meter. He reported the problem to the City. A City maintenance crew came and excavated about eight feet of earth at the point where the City's water main joined a lateral connecting pipe. They discovered water flowing from a flange joint fastened by a series of nuts and bolts. Several bolts were loose and had to be tightened. When tightening them failed to stop the leak, the maintenance crew placed a sleeve over the joint. The sleeve stopped the leak.
The City stipulated it owns and maintains the water line. It also stipulated water from the line intruded on the Snows' property. An expert witness for the Snows testified that water from the City's main built up pressure on the front side of their house, cracking a construction joint in the foundation wall and coming into their basement. The evidence also established the Snows suffered out of pocket damages of at least $4740.00 for repairs to the foundation wall and damage to their lawn and shrubbery. Mr. Snow testified visible cracks on the interior of the wall and other signs of water damage in the basement diminished the fair market value of the house by $5000.00 to $10,000.00. The City introduced no evidence.
I.
We first address the claim for strict liability. The Snows assert the City is liable for the damage to their house under the rule in Rylands v. Fletcher (1868) L.R. 3 H.L. 330. The rule states that a person who for his own purposes brings on his lands and collects or keeps there anything likely to do mischief if it escapes must keep it at his peril, and if it escapes he is liable for damage caused to another which is the natural consequence of its escape. In Rylands, a mill
The rule in Rylands v. Fletcher forms no part of the common law of South Carolina. The decision of our Supreme Court in Allison v. Ideal Laundry & Cleaners, 215 S.C. 344, 55 S.E.2d 281 (1949), repudiates the rule. In Allison, the owner of a commercial laundry kept a large tank of propane gas on his land for the purpose of firing his boilers. Through no fault on the owner's part, gas escaped from the tank into the surrounding neighborhood. The escaped gas ignited, causing a catastrophic explosion which destroyed the plaintiff's house. The Court rejected the argument that the owner was strictly liable for the damage irrespective of negligence on his part. Since the owner had exercised reasonable precaution in storing the gas on his property and its escape resulted from no lack of due care on his part, the Court held him not liable to the plaintiff. The Court further concluded the use of propane gas for fuel was not an inherently dangerous activity that would remove the case fr
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