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GREENWOOD v. RAHILL

No. 78-62-Appeal.

412 A.2d 228 (1980)

Richard GREENWOOD et al. v. Robert RAHILL et al.

Supreme Court of Rhode Island.

March 11, 1980.

Attorney(s) appearing for the Case

Natale L. Urso, Westerly, for plaintiffs.

Stephen F. Mullen, Chief Special Counsel, Dept. of Transp., Providence, for defendants.

OPINION

DORIS, Justice.

This is an appeal from a judgment entered in the Superior Court in a civil action heard before a justice of that court sitting without a jury. The plaintiffs sought to enjoin the State Department of Transportation from continuing to discharge surface runoff water onto the plaintiffs' property through a highway culvert and drain. In an answer amended at trial without objection, the state admitted construction and

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