City of Englewood v. Linkenheil

The parties will be referred to as they were desig nated in the trial court where defendants in error were plaintiffs and the City of Englewood was defendant. In the original complaints it was alleged that Englewood negligently caused storm damage on the land of the plaintiffs, the Linkenheils, and on that of co-plaintiffs, the Ostrouskys.

At the trial the plaintiffs were allowed to amend their ..complaints to allege:

“ * * * that the drainage so provided by defendant amounts to an unlawful taking of plaintiffs’ property without just compensation, contrary to the provisions of Article II,…