Roesler v. Denton

Jim Johnson, Associate Justice.

This suit concerns damage to real property.

Appellants Roseler own residential property in Fort Smith, bounded on the north by Park Avenue; and on the east by a natural drainage course which ran under Park Avenue through a culvert, and over as well as under Park Avenue during heavy rains. As a part of the local highway program, this section of Park Avenue was included in what is called the Fort Smith Spur. The level of Park Avenue was raised ádjacent to appellants’ property and after the highway construction ivas completed, appellants discovered that the new…