Riddle v. City of Providence

GUDGEL, Judge:

This is an appeal from a judgment entered by the Webster Circuit Court. The sole issue on appeal is whether the trial court erred by finding that a passageway constructed by appellee city over a creek located on a farm satisfied the city’s duty, created through an easement, to erect a “bridge.” For the reasons set out below, we conclude that the court’s finding is clearly erroneous. Hence, we reverse and remand.

During the 1960’s Owens Creek, located in Webster County, was rerouted as part of a flood control project. As the creek’s new path traversed lands owned by appellant’s…