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EARTH CONST. & ENGINEERING, INC. v. DeMILLE

No. 3-383A63.

460 N.E.2d 984 (1984)

EARTH CONSTRUCTION AND ENGINEERING, Inc., Defendant-Appellant, v. Karen DeMille, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

March 14, 1984.

Attorney(s) appearing for the Case

Charles W. McNagny, Barrett, Barrett & McNagny, Fort Wayne, for defendant-appellant.

Denver C. Jordan, Raver & Associates, Fort Wayne, for plaintiff-appellee.

GARRARD, Judge.

This is an appeal from a judgment awarding damages for flooding occasioned by surface waters following the construction of a sanitary sewer.

DeMille owned a house on the north side of Cook Road in the City of Fort Wayne. Across the road from DeMille's house was a field upon which grew a number of trees and bushes. Along Cook Road the field contained considerable brush and a slight depression or ditch.1

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