Lutes v. Thompson

GIBSON, V.C.J.

This is an action by a landowner against a county commissioner and his surety for damages to his land suffered as a result of surface waters allegedly impounded thereon by faulty highway construction.

Plaintiff appeals from a judgment of dismissal rendered by the court after sustaining separate demurrers to the petition.

The petition charges that defendant commissioner in constructing a county highway adjacent to plaintiff’s land failed and neglected to provide culverts or underpasses to permit the escape of surface waters, thus causing the same to be impounded upon said larid to…