McCabe v. City of Parkersburg

Browning, Judge:

Emilie McCabe instituted this action of trespass on the case in October, 1949 against the City of Parkersburg seeking to recover damages for the undermining and sloughing away of her lot and the settling of her dwelling house, allegedly the result of the city’s collection of large quantities of rain and surface waters through its sewerage system, and wrongfully casting such waters upon her property and adjacent property.

The plaintiff is the owner of a lot 42' by 100' on which there is a two story brick dwelling house known as No. 23 Park Place in the City of Parkersburg. The…