CITY OF FORT SMITH v. ANDERSON

No. 5-4097.

410 S.W.2d 597 (1967)

CITY OF FORT SMITH, Appellant, v. Charles C. ANDERSON et ux., Appellees.

Supreme Court of Arkansas.

January 23, 1967.


Attorney(s) appearing for the Case

Daily & Woods, Ft. Smith, for appellant.

Garner & Parker, Ft. Smith, for appellees.


WARD, Justice.

Mr. and Mrs. Anderson (appellees) filed a complaint in circuit court against the City of Fort Smith (appellant) to recover damages to their home and furniture caused by a seepage or overflow of sewage. Appellant entered a general denial and, after a trial, the jury returned a verdict in favor of appellees in the amount of $3000, hence this appeal.

The facts here stated are not in dispute. In 1963 appellant enacted ordinance no. 2431 for the...

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