City of North Vernon v. Voegler

There are two paragraphs in the appellee’s complaint, both alleging that the appellant so negligently and *315unskilfully graded one of its public streets as to change the flow of surface water, gather it in one channel and pour it upon the lots of the appellee, greatly injuring her property. The first paragraph of the complaint differs from the second in one particular, and that is in alleging that a former action was commenced by the appellee which resulted in a judgment in her favor. The allegations upon this subject are these: “That in September, 1879, the plaintiff brought suit against the…