![]() Municipal governmental duties are those which are "imposed by the State for the benefit of the general public," and those "imposed in pursuance of a general policy, manifested by legislation affecting similar corporations, for the particular advantage of the inhabitants of the municipality, and only through this, and indirectly, for the benefit of the people at large." Judd v. A municipality is engaged in the performance of a governmental function when its action is for the benefit of the public and not for its own corporate profit. The plaintiffs claimed that the defendant, in planning a storm water disposal system, was acting, not in a governmental, but in its ministerial capacity, and was under a duty to provide a system adequate to dispose of such water. Was of sufficient size and construction to care for and carry off such rainfall as would ordinarily be expected. The covered stream, and the entire storm water system in this drainage area, * The force of the flood water from this storm was so great that it removed the covers from the catch basins opposite the plaintiffs' property, and flooded the street and the plaintiffs' cellar. ![]() In the evening of August 10th, and the morning of August 11th, 1929, there was an unusual and almost unprecedented fall of rain in Waterbury, four and forty-three one-hundredths inches of rain falling during that period. For a number of years the storm water from a portion of the area drained by the natural stream has been diverted and carried off so that it emptied into other outlets than the covered stream. At this point there are two catch basins. This storm water sewer empties into the covered stream at a point on State Street opposite the plaintiffs' property at an angle of about ninety degrees. For a number of years water from the streets in a portion of this watershed has drained into a storm water sewer having a diameter of twenty inches, and for a portion of its length of twenty-four inches. It runs underground, passing under the plaintiffs' property, and empties into a culvert four feet high by three and a half feet wide, and thence into the Naugatuck River. This stream is now covered over with stone slabs, and is about three or four feet square in cross section. The storm water from a considerable area north and east of the plaintiffs' property formerly drained into a natural stream. Waterbury is hilly and rain water which falls on the hills flows to the center of the city and eventually into the Naugatuck River. As to this cause of action the court found the following facts: The plaintiffs' property is located on State Street near the center of the city. ![]() Was discharged into the covered stream after the rainfall, as alleged in the second ground of action set up in the complaint. The only question upon the appeal is as to the correctness of the court's conclusion that the city was not liable for the damage resulting from its failure to provide an outlet of sufficient size to carry off the water which * This finding was not attacked, and the plaintiffs have not appealed from the court's conclusion that the city was not negligent in the care of its storm water system. The court found that the city exercised due care in maintaining the stream, and kept the stream and its storm water system free from obstructions. The complaint set up two grounds of action: First, that the city negligently failed to maintain the stream in a clean and unobstructed condition so that it could carry off such water as would ordinarily be discharged into it, and second, that it negligently failed to provide an outlet of sufficient size to carry off the water collected in the storm water sewer by discharging it into the stream. The complaint alleged that the defendant, as incidental to its duty of maintaining its streets, provided storm water sewers, that one of these sewers discharged into the bed of an old stream which was covered over, and that after a heavy rainfall the stream overflowed through a catch basin in front of the plaintiffs' house, discharging water into the street which ran into the plaintiffs' cellar, causing damage to their property. ![]()
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