SMITH ET UX. v. ATKINSON ET AL.

No. 19,479.

133 Ind. App. 430 (1962)

180 N.E.2d 542

SMITH ET UX. v. ATKINSON ET AL.

Court of Appeals of Indiana.

Rehearing denied April 24, 1962.

Transfer denied June 5, 1962.


Attorney(s) appearing for the Case

Murray, Mannon, Fairchild & Stewart, and James J. Stewart, of Indianapolis, for appellant.

Barney & Hughes, and Francis M. Hughes, of Indianapolis, for appellees.


RYAN, C.J.

Plaintiffs-appellants filed their complaint for damages and to abate a nuisance, alleging in substance that they were the owners of Lot 12 in Avalon Hills, and that they had erected certain improvements on Lot 12, one of which was a crushed stone driveway passing over a natural ravine and watercourse. Further, that they had provided for the continued drainage in the watercourse by an 18 inch culvert. They also alleged that the defendants-appellees were...

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