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WYNN v. ASHBY

No. 18,942.

128 Ind. App. 208 (1957)

146 N.E.2d 561

WYNN v. ASHBY.

Court of Appeals of Indiana.

Rehearing denied January 27, 1958.

Attorney(s) appearing for the Case

James D. Lopp, of Evansville, for appellant.

Benjamin E. Buente, Benjamin E. Buente, Jr., and Buente & Buente, all of Evansville, for appellee.

KELLEY, C.J.

First Avenue is a public highway extending to the north and beyond the city limits of Evansville, Indiana. On and prior to December 29, 1954 an unfilled excavation or ditch for gas lines existed along and parallel with the east side of said First Avenue immediately next to the black-top pavement of said highway. A short distance north of the city limits of Evansville, said First Avenue is intersected by an east-west highway designated as Avon Avenue....

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