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McCABE v. CITY OF PARKERSBURG

No. 10542.

79 S.E.2d 87 (1953)

McCABE v. CITY OF PARKERSBURG.

Supreme Court of Appeals of West Virginia.

Decided November 3, 1953.

Dissenting Opinion December 14, 1953.

Attorney(s) appearing for the Case

Handlan, Overton & Earley, J. M. Handlan, Boreman & Stealey, R. E. Stealey, Parkersburg, for plaintiff in error.

McCluer, Davis & McDougle, James S. McCluer, Pennybacker & Crofton, Walter T. Crofton, Jr., Parkersburg, for defendant in error.

BROWNING, Judge.

Emilie McCabe instituted this action of trespass on the case in October, 1949 against the City of Parkersburg seeking to recover damages for the undermining and sloughing away of her lot and the settling of her dwelling house, allegedly the result of the city's collection of large quantities of rain and surface waters through its sewerage system, and wrongfully casting...

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