DONOHOE v. STATE, THROUGH DEPT. OF HIGHWAYS

No. 6652.

366 So.2d 598 (1978)

Henry T. DONOHOE et ux., Plaintiffs-Appellants, v. STATE of Louisiana Through the DEPARTMENT OF HIGHWAYS, et al., City of Pineville, Louisiana, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied January 31, 1979.

Writ Refused March 23, 1979.


Attorney(s) appearing for the Case

Gold, Little, Simon, Weems & Bruser (Charles S. Weems, III and Herbert J. Mang, Alexandria, for plaintiffs-appellants.

Gravel, Roy & Burnes (Dan E. Melichar, Alexandria, for defendant-appellee.

Before CULPEPPER, FORET and CUTRER, JJ.


FORET, Judge.

This is an action for damages and injunctive relief from various alleged acts of the defendants relating to a natural servitude of drain owed by plaintiffs' property. The trial court found no damage or liability had been incurred by the defendants and dismissed the plaintiffs' suit. Plaintiffs appeal this judgment.

In his reasons for judgment, our learned brother of the trial court accurately stated the facts of the situation, and we take the...

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