Commonwealth, Department of Highways v. Gilles

STEINFELD, Justice.

James Gilíes and his wife Carla, the ap-pellees, brought suit for damages in the Daviess Circuit Court against Jim Smith Contracting Company and the appellant Commonwealth. They alleged that because of the negligence of the construction company and the Commonwealth their land was flooded, thereby destroying some of their 1969 corn and tobacco crops. It was claimed that during construction a drainage pipe, not provided for in the plans, was installed, but it was decided that this pipe was too short and would not properly divert the surface water. The Commonwealth ordered the…