STONE, Judge.
This is an action by plaintiffs Byron J. Phegley and Fern Phegley against defendant Porter-DeWitt Construction Company, Inc., for damage to plaintiffs allegedly resulting from defendant's negligence in damming, diverting and discharging surface water onto plaintiffs' land. About ten months after institution of suit, the depositions of plaintiff Byron and defendant's job superintendent Matkin were taken. Some fourteen months later, defendant filed...
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