Pitsenbarger v. Department of Highways

RULEY, JUDGE:

Claimants allege that their property was damaged by the pooling of water caused by respondent’s negligent placement of a culvert under, and care of drainage along, a public roadway adjacent to claimants’ property. The evidence indicates that part of the claimants’ property is a natural drain; that the property has been swampy for at least a decade; and that nearby landowners had taken measures to drain their property which may have increased the flow of water to claimants’ property. No evidence of negligent placement or care of the culvert came forth. “The State can only be held…