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CITY OF ANNISTON v. ISBELL

7 Div. 545.

144 So.2d 18 (1962)

CITY OF ANNISTON v. Willie L. ISBELL et al.

Supreme Court of Alabama.

August 30, 1962.

Attorney(s) appearing for the Case

Emerson, Watson, Wilson & Propst, Anniston, for appellant.

Charles Thomason, Anniston, for appellees.

SIMPSON, Justice.

The plaintiff recovered a judgment against the City of Anniston for damages to his house and lot for the negligent maintenance of a defective culvert or storm sewer whereby the sewer overflowed during heavy rains, thereby causing the damages.

The case went to the jury on Counts 6, 8, 9, 10, and 12. Pleading was in short by consent.

Counts 6, 8, and 9 alleged negligence in the maintenance of the sewer of inadequate and insufficient...

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