John Wheeler: Johnstown flood of 1889 changed the legal interpretation of liability

An earthen dam gave way, drowning 2,200 people.

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FARGO — Flood disasters are almost invariably a combination of natural "Acts of God" and engineering failures. On May 31, 1889, an 11-inch rain following an already wet spring led to the catastrophic failure of the South Fork Dam located 14 miles up a narrow canyon from Johnstown, Pa. The water over topped the dam, which rapidly eroded, causing the entire volume of Lake Conemaugh to rush down the valley below.

More than 2,200 people died, including 99 entire families. More than 4 square miles of downtown Johnstown was obliterated.The lake and dam were the property of the South Fork Fishing and Hunting Club, whose members included Andrew Carnegie and other wealthy Pittsburgh citizens.



Club management made changes to the dam to enhance recreation that compromised the dam's original design. Although the club and its members were not held legally responsible for the disaster, the perceived injustice led to changes in American courts in the legal interpretation of the definition of liability.]]>.