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HODGE v. TOWN OF KINGMAN

No. 23A01-8709-CV-00228.

519 N.E.2d 1266 (1988)

Jerry HODGE and Beth Hodge, Appellants (Plaintiffs below), v. TOWN OF KINGMAN, Appellee (Defendant below).

Court of Appeals of Indiana, First District.

March 7, 1988.

Attorney(s) appearing for the Case

Robert O. Williams, Covington, for appellants.

Elizabeth A. Brown, Judge & Knight, Ltd., Park Ridge, for appellee.

ROBERTSON, Justice.

Jerry and Beth Hodge appeal the grant of the Town of Kingman's motion to dismiss the Hodges' action against the Town for its negligence in the construction, maintenance or operation of its sewage system and for the creation of a nuisance.

We reverse.

The Hodges averred that they were the owners of real estate with a dwelling house in the Town of Kingman; that the Town established, maintained and operated sewers, sewage disposal...

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