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CITY OF ELDORADO v. McHENRY

No. 5-3520.

388 S.W.2d 554 (1965)

CITY OF ELDORADO, Appellant, v. Harvey McHENRY et al. Appellees.

Supreme Court of Arkansas.

April 5, 1965.

Attorney(s) appearing for the Case

J. V. Spencer, Jr., El Dorado, for appellant.

Crumpler & O'Connor and Jerry W. Watkins, El Dorado, for appellees.

HARRIS, Chief Justice.

Appellant City of El Dorado, owns and maintains Rowell Street, which is adjacent to property owned by appellees, H. W. Mc-Henry and R. B. Wilson. McHenry and Wilson operate the Wright-King Oldsmobile Agency on property here under discussion. There is, beneath Rowell Street, and beneath the Wright-King Oldsmobile building, a drain encased in tile, carrying water from the south to the north part of the city, and eventually discharging into a creek...

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