Part of DCist’s continuing coverage of Deluge ’06.
When you headed out in your car yesterday, you probably felt a bit like Noah boarding the ark. You checked your two headlights, two windshield wipers, two pairs of shoes, and, if you were Rush Limbaugh, two Viagra. As the rain takes a breather, let’s learn about two D.C. cases involving flood victims that, together, will be necessary for anyone considering suing the city when the waters recede.
The first case, Johnston v. District of Columbia, was brought in 1877 by a homeowner living on Missouri Avenue. He argued that the District had built a shoddy sewer system that constantly flooded onto his land. The city should be held liable for negligent design and construction of its drains, he argued. If you think the Supreme Court only decides cases about snoozers like the death penalty and voting rights, think again. The Court took this case in 1886 and even spilled a few paragraphs’ worth of precious quill ink to kick the plaintiff to the Missouri Avenue curb.
