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Legal Opinion

Hodge v. Town of Kingman

Indiana Court of Appeals

Decided March 7, 1988No. 23A01-8709-CV-00228PublishedCited by 3 opinions

1Opinion of the Court

ROBERTSON, Justice.

Jerry and Beth Hodge appeal the grant of the Town of Kingman's motion to dismiss the Hodges' action against the Town for its negligence in the construction, maintenance or operation of its sewage system and for the creation of a nuisance.

We reverse.

The Hodges averred that they were the owners of real estate with a dwelling house in the Town of Kingman; that the Town established, maintained and operated sewers, sewage disposal systems and systems to collect and dispose of waste substances; that on June 6, 1986 the sewer system constructed, maintained and operated by the Town…

2Cases cited25 opinions

  1. Miller v. GrieselIndiana Supreme Court · 1974
  2. Campbell v. StateIndiana Supreme Court · 1972
  3. State v. RankinIndiana Supreme Court · 1973
  4. City of Fort Wayne v. CoombsIndiana Supreme Court · 1886
  5. Board of Com'rs of Delaware County v. BriggsIndiana Court of Appeals · 1975

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3Cited by3 opinions

  1. Beck v. City of EvansvilleIndiana Court of Appeals · 2006
  2. Board of Trustees of the Town of Winamac v. HenryIndiana Court of Appeals · 1991
  3. Schmitt v. City of EvansvilleIndiana Court of Appeals · 2007

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