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WATER WORKS AND SEWER BD. OF TOWN OF ARDMORE v. WALES

87-117.

533 So.2d 212 (1988)

WATER WORKS AND SEWER BOARD OF the TOWN OF ARDMORE v. Doyle WALES and Barbara Wales.

Supreme Court of Alabama.

September 23, 1988.

Attorney(s) appearing for the Case

Dennis Riley, of Morring, Schrimsher & Riley, Huntsville, for appellant.

Jimmy Alexander, of Alexander, Corder & Plunk, Athens, for appellees.

ADAMS, Justice.

The plaintiffs, Doyle and Barbara Wales, sued the Water Works and Sewer Board of the Town of Ardmore ("the Board") for negligently maintaining a sewer, after raw sewage filled their home. The Board appeals following a judgment for the Waleses. We affirm.

In April 1984, while cutting grass with a tractor on the street right-of-way, an employee of the Town of Ardmore Street Department struck the top portion of a manhole. The manhole is located...

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