DeBoard v. B. Perini & Sons, Inc.

*834Haymond, Judge:

In this action of trespass on the case, instituted in the Circuit Court of Mingo County, on February 10, 1954, the plaintiff, Jarvy DeBoard, seeks to recover damages from the defendant, B. Perini and Sons, Inc., a foreign corporation, for injury to his property which resulted in August, 1952, from the flow of water and the accumulation of dirt, rock and debris upon real estate of the plaintiff and which the plaintiff alleges was caused by the negligence of the defendant.

Service of process was accepted in behalf of the defendant by the auditor of this State as its attorney in…