SHARP, J.
This is an action brought by the Appellee against the Appellant Gwaltney Drilling, Inc., and Commonwealth Natural Gas Corporation to recover damages for personal injuries sustained by Appellee Marietta McKee when she allegedly fell in a trench which Appellant Gwaltney Drilling had allegedly excavated and backfilled in a public alley-street in the Town of Odon, Indiana.
The action below was tried against only the Appellant and not against Commonwealth...
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