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MONDAY v. KNOX COUNTY

417 S.W.2d 536 (1967)

Elizabeth MONDAY, Plaintiff in Error, v. KNOX COUNTY, Defendant in Error.

Supreme Court of Tennessee.

June 30, 1967.

Attorney(s) appearing for the Case

Myron Ray Ely, Knoxville, for plaintiff in error.

Earl S. Ailor, Knoxville, for defendant in error.

OPINION

DYER, Justice.

Complainant, Elizabeth Monday, appeals from the action of the Chancellor in sustaining a petition to dismiss (treated as a demurrer) filed by defendant, Knox County, and dismissing the original bill.

The original bill alleges defendant, by failure to provide adequate drainage in the construction of a new highway near complainant's property, has caused excessive amounts of water to collect on complainant's property all to complainant...

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