HORTMAN v. DEPARTMENT OF HIGHWAYS

No. 3915.

265 So.2d 812 (1972)

Leland F. HORTMAN et al., Plaintiff and Appellee, v. DEPARTMENT OF HIGHWAYS, State of Louisiana, Defendant and Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied September 13, 1972.

Writ Refused October 19, 1972.


Attorney(s) appearing for the Case

Dept. of Highways, by Robert J. Jones, Baton Rouge, for defendant-appellant.

Gahagan & Kelly, by Donald G. Kelly, Natchitoches, for plaintiff-appellee.

Before FRUGÉ, SAVOY and CULPEPPER, JJ.


CULPEPPER, Judge.

This is a suit for damages resulting from the flooding of plaintiff's home. He contends the cause was the negligence of the defendant, Department of Highways of the State of Louisiana, in failing to provide adequate drainage structures for a natural drain under its highway. From an adverse judgment on the merits, defendant appealed.

Plaintiff's home is located in a rural area on Louisiana State Highway No. 6 a few miles north of the city...

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