City of Ft. Smith v. Anderson

Paul Ward, Justice.

Mr. and Mrs. Anderson (appellees) filed a complaint in circuit court against the City bf Fort Smith (appellant) to recover danlágés;,tb' their home and furniture caused by a seepage or overflow of sewage. Appellant entered a general denial and, after a trial, the jury returned a verdict in favor of appellees in the amount of $3,000, hence this appeal.

The facts here stated are not in dispute. In 1963 appellant enacted ordinance no. 2431 for the purpose of rehabilitating its existing sewer system, and to finance the cost from the proceeds of sewer revenue bonds in…