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WORTH JAMES CONSTRUCTION COMPANY v. FULK

No. 5-4023.

409 S.W.2d 320 (1966)

WORTH JAMES CONSTRUCTION COMPANY, Appellant, v. Catherine FULK, Individually and as Executrix of the Estate of Frank M. Fulk, Deceased, Appellee.

Supreme Court of Arkansas.

Rehearing Denied January 9, 1967.

Attorney(s) appearing for the Case

McMillen, Teague & Bramhall, and John B. Plegge, Little Rock, for appellant.

Fulk, Wood, Lovett, Parham & Mayes, Little Rock, for appellee.

GEORGE ROSE SMITH, Justice.

In April of 1964 the defendant, Worth James Construction Company, was engaged in the performance of a private contract by which it was to construct a storm-sewer system to serve the Pleasant Valley Addition to the city of Little Rock. On the morning of April 23, after a night of heavy rainfall, the plaintiff Frank M. Fulk, who lived near that subdivision, discovered that the den and utility room in the basement of his home were flooded...

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