GUNTER v. LOGUE

51909.

138 Ga. App. 868 (1976)

227 S.E.2d 773

GUNTER v. LOGUE et al.

Court of Appeals of Georgia.

Decided May 4, 1976.

Rehearing Denied June 10, 1976.


Attorney(s) appearing for the Case

Dollar & Dettmering, James R. Dollar, Jr., for appellant.

William E. Otwell, for appellees.


CLARK, Judge.

Plaintiffs brought a tort action for trespass to realty alleging that defendant, a builder, constructed a drainage ditch upon their property. Defendant answered, denying the material allegations of the complaint and setting forth, inter alia, that (1) the drainage ditch was not constructed upon plaintiffs' property, but upon adjacent property and (2) the construction of the drainage ditch upon adjacent property was at the direction of the county health...

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