Randle v. City of Rome

The complaint herein alleges that the defendant municipality operates, controls and manages the “ drainage of surface waters from Lorena Road ” in that city; that on January 21,1959, the surface waters collected on Lorena Road, backed up plaintiff’s driveway and into her residence “ by reason of inadequate and improper drain maintenance ”; and that the resulting damages ‘ ‘ were caused solely by the negligence of defendant, its servants, employees and/or agents and without any negligence on the part of the plaintiff contributing thereto ”.

Defendant City of Rome attacks the sufficiency of this…