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CITY OF CROSSETT v. RILES

No. 76-394.

549 S.W.2d 800 (1977)

CITY OF CROSSETT, Appellant, v. Tommie Russell RILES and wife, Appellees.

Supreme Court of Arkansas, Division 1.

May 2, 1977.

Attorney(s) appearing for the Case

Thomas S. Streetman, City Atty., Crossett, for appellant.

Switzer, Switzer & Draper, Crossett, for appellees.

GEORGE ROSE SMITH, Justice.

This is an action against the city of Crossett for breach of contract, a municipality not being suable in tort.

In 1961 the plaintiffs were living in a home near the city. In order to relieve a flooding problem the city obtained from the plaintiffs an easement, 30 feet wide, for a drainage ditch across the plaintiffs' land. Through the years the city passively failed to keep the ditch in good repair. In 1975 a heavy rain caused...

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