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HAMILTON v. COUNTY OF HAWAII

NO. 2855.

40 Haw. 193 (1953)

Alice HAMILTON v. County of Hawaii.

Supreme Court of Hawaii.

Decided May 29, 1953.

Attorney(s) appearing for the Case

A.M. Felix, County Attorney, County of Hawaii (also on the briefs), for defendant-appellant.

T. Okino (also on the briefs) for plaintiff-appellee.

TOWSE, C.J., LE BARON AND STAINBACK, JJ.

OPINION OF THE COURT BY STAINBACK, J.

This is a suit at law for damages filed by plaintiff against the defendant, the county of Hawaii. The complaint consists of two counts. In the first count it is alleged that the county, by constructing a trench and dam, diverted the natural flow of surface water upon its land into a natural watercourse which cuts and runs through plaintiff's land. which said surface water if not diverted would have flowed to Palai street away...

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