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HARBISON-WALKER REFRACTORIES CO. v. SMITH

No. 11428.

194 F.2d 530 (1952)

HARBISON-WALKER REFRACTORIES CO. v. SMITH et al.

United States Court of Appeals Sixth Circuit.

February 28, 1952.

Attorney(s) appearing for the Case

W. H. Dysard, Ashland, Ky. (Dysard & Dysard, W. H. Dysard, all of Ashland, Ky., Thomas D. Theobald, Grayson, Ky., on the brief), for appellant.

H. R. Wilhoit, Grayson, Ky. (H. R. Wilhoit, Grayson, Ky., on the brief), for appellees.

Before HICKS, Chief Judge, and SIMONS and MILLER, Circuit Judges.

PER CURIAM.

In a challenge to a judgment for damages suffered through the negligent maintenance of a culvert on the property of appellant, there was substantial evidence of floatable debris upon the appellants' property and in the vicinity; that during heavy rainfalls such debris clogged the culvert, caused the flooding of and injury to the appellees' property and evidence that the topographical situation made the circumstances dangerous. It is our view that the evidence...

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