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CITY OF ELKHART v. SLABAUGH ET AL.

No. 29,889.

240 Ind. 228 (1960)

163 N.E.2d 583

CITY OF ELKHART v. SLABAUGH ET AL.

Supreme Court of Indiana.

Filed January 7, 1960.

Attorney(s) appearing for the Case

John R. Harman, of Elkhart, and Carl L. Chattin, of counsel, of Goshen, for appellant.

Philip E. Byron, Jr., of Elkhart, for appellees.

PER CURIAM.

This is an action for damages allegedly sustained by appellees by reason of a break in the main line of one of the City's sewers. The break had resulted in a stoppage of drainage from appellees' property. Appellees voluntarily repaired the sewer which was 18 feet under the City street and in this action they demand judgment in "damages" in the sum of $757.35, which is the cost of the repair. No claim is made for damages to appellees' property by flooding...

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