Marguerite A. Jacoby, Plaintiff and Appellant, vs. the Town of the City of Gillette, Wyoming, a Municipal…

Summary

The Wyoming Supreme Court affirmed judgments for the Town of Gillette in two consolidated flood-damage suits tried to the court without a jury. The court held that a ditch owner, including a municipality, is not an insurer against overflow and is liable only for negligence, and that the January 22, 1943 flood caused by sudden chinook-driven snowmelt was an act of God that excused liability. Substantial evidence supported the trial court's findings of no obstruction and no negligence.